Ghaziabad: Pulling up CBI for its "highly disappointing" move of filing a closure report in the Aarushi Talwar murder case, the special CBI Court held that "visible evidence" could not not be ignored in making her parents accused and to stand trial in the case.
Special Judicial Magistrate Preeti Singh relied on a number of statements of the witnesses and entries in the case diary to come to the conclusion that Rajesh and Nupur Talwar should be put on trial for the murder of their daughter and servant Hemraj more than two years ago.
Rapping the CBI for filing the closure report, the court said in its 21-page order that "in the light of all the circumstantial evidence and witnesses in the case diary, it was expected that the investigator should have filed the chargesheet against Dr Rajesh and Nupur Talwar.
"In such a case where the incident has happened inside home, visible evidence cannot be ignored."
The court appeared to have taken serious note of the statement of Dr Sunil Kumar Dhore, who had conducted the post-mortern of the teenager.
His statement referred to an incident in which Dinesh Talwar, brother of Rajesh, handed over to him a mobile phone saying Dr Dogra (AIIMS specialist on post mortems) was on the line through whom Dhore was asked to pick up samples among others. "I (Dhore) said 'don't worry. Whatever is important will be taken," Dhore had said.
The court said "The witness (Dr Dhore) said he did not find any external injury marks or any self-defence evidence. But vaginal opening was large. White discharge was found in the vaginal cavity and no injury was found near her private parts. Both the deceased have similar injury on the neck and it has been done by a person who is surgically trained."
The Judge also said the injury was V-shaped which can be inflicted by the golf stick, as suggested by the CBI in the closure report.
The Court also observed that there was circumstantial evidence pointing out that Aarushi's private parts were cleaned.
It came to the conclusion after the investigation of all the above-mentioned witnesses and evidence registered on the case diary, "prima facie it appears when the incident took place there were four people present in the house-- Dr Rajesh Talwar, Dr Nupur Talwar, Aarushi and Hemraj, out of which, two, Aarushi and Hemraj were found dead."