Ghaziabad, May 24: Holding that there is prima-facie evidence, a local court here today ordered framing of charges of murder and destruction of evidence against dentist couple Rajesh and Nupur Talwar, whose daughter Aarushi and domestic help Hemraj were found murdered at their residence four years ago.
The court also ordered framing of additional charge of misleading the investigations against Rajesh, who had filed a police complaint at Noida police station that his 14-year old daughter was murdered by domestic help Hemraj.
The formal framing of charges would be made tomorrow. The body of Hemraj was found on May 17 at the terrace of Talwars' residence at Jalvayu Vihar, a day after Aarushi was found dead in her bedroom.
In his six-page order, Additional District Judge Shyam Lal said there is enough prima-facie evidence to start trial against accused Nupur and Rajesh Talwar under charges of Section 302 read with Section 34 (murder with common intention) of Indian Penal Code and Section 201 read with Section 34 (destruction of evidence with common intention) of the IPC.
He said Rajesh should also be charged under section Section 203 of the IPC.
Citing a number of Supreme Court and High Courts judgements, the judge said evidence cannot be minutely examined at the stage of framing of charges and there is enough prima-facie material to press charges against the accused couple.
After the pronouncement of the order, CBI special prosecutor R K Saini said court has ordered framing of charges against Rajesh and Nupur in connection with Aarushi and Hemraj murder case which will be done tomorrow.
He said once the charges are framed, the court would fix a date for producing evidence in the case. Arguing on behalf of Talwars yesterday, the defence counsel had refuted the prosecution case that their clients could have killed 14-year-old Aarushi and their domestic help Hemraj after having seen them in an objectionable position.
The counsel had contended that the Talwar couple were practicing doctors, had an intercaste marriage and belonged to the elite class of the society and could not have stooped to a level of provocation so as to kill their only daughter.
The defence had also refuted the CBI's case that since there were four people in the house, the onus was on Nupur and Rajesh to explain what happened on the fateful night of May 15-16, 2008.
It had said the Talwars had gone to sleep and Hemraj had access to the entire house and could have allowed entry of outsiders who could have carried out the killings. While Rajesh is out on bail, Nupur is lodged in the Dasna jail in Ghaziabad. Outside the court, Nupur told media that “God will help us as we are innocent.
A mother who keeps her child nine months in her womb, can never kill the living child whatever she does. A man cannot understand the agony of a mother in giving birth to a child.”
Media persons were not allowed to enter the court for recording or reporting the hearing.
