Published: Sat, October 14, 2017
Worldwide | By Gretchen Simon

Talwars to walk free from Dasna jail on Monday

Talwars to walk free from Dasna jail on Monday

The Allahabad High Court division bench comprising Justices Bala Krishna Narain and Arvind Kumar Mishra on Thursday ruled out the previous judgement against Talwars and directed the concerned authorities to release both Rajesh and Nupur. Very strong words against the trial judge by High court judgement reads "It is apparent that the trial judge was unmindful of the basic tenets of law and its applicability to the given facts and circumstances of the case and failed to properly appraise facts and evaluate evidence and analyze various circumstances of this case".

The Allahabad High Court set aside CBI court's order and acquitted Rajesh and Nupur Talwar in the sensational 2008 Aarushi-Hemraj murder case.

"That way, the learned trial Judge, by dint of fallacious analogy and reasoning, surprisingly assumed fictional animation of the incident as to what actually took place inside and outside the Flat L32 Jalvayu Vihar".

In 2013, the court convicted Aarushi's parents and sentenced the couple to life imprisonment. "Like a film Director, the trial judge has tried to thrust coherence amongst facts inalienably scattered here and there but not giving any coherence to the idea as to what in fact happened (sic)".

"The role of the media is to be journalists and not pornographers", he said, referring to the character assassination of Aarushi and her parents during the trial.

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Talking about the double murder case, Aarushi Talwar, who was soon going to be 14 in the year 2008 was found murdered in her bedroom of the house located in Noida, Uttar Pradesh on May 16, 2008.

"Certainly such recalcitrant mindset in interpreting facts vis-à-vis circumstances of the case and evaluation of evidence ought to have been shunned", Justice Mishra said. Thus, basing the finding of conviction without caring to see that it being a case based on circumstantial evidence things can not be presumed and stuffed in a manner like the present one by adhering to self-created postulates then to roam inside the circle with all fanciful whims. Barely two days after Aarushi's murder, Hemraj's dead body was recovered from the terrace of the Talwar residence, turning the case into one of a double murder. The Talwars are likely to be released from Dasna Jail on Monday.

While overruling the conviction of the Talwar couple in the Aarushi-Hemraj murder case by a lower court, the Allahabad High Court observed that the trial court judge acted like a film director and tried to solve the case like a mathematical puzzle.

Taking to media, Nupur Talwar's father had said yesterday the nine-year trial in the murder of their daughter Aarushi had left the Talwar couple emotionally drained. The CBI did not immediately say if it would appeal against the high court judgement.

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