Aarushi Talwar Murder Case: Allahabad High Court Verdict on Conviction of Parents Today

Agencies
October 12, 2017

New Delhi, Oct 12: Five years after 14-year-old Aarushi Talwar and domestic help Hemraj were found murdered, Special CBI Judge S Lal held Aarushi’s parents Rajesh and Nupur Talwar guilty of murder and conspiracy. Nine years since the 2008 double murder that shook the nation, the Allahabad High Court is likely to pronounce its judgment on the conviction of the Talwars on Thursday.

Judge S Lal’s order failed to bring a closure to the case and public opinion remains divided, even after five years of the conviction. Now, it is to be seen whether the High Court is able to answer the questions that shroud the most mysterious murder case that India has seen in recent times.

The dentist couple had then appealed against the CBI Court order at the Allahabad High Court.

In his 210 page order, Judge Shyam Lal relied on circumstantial evidence to hold the Talwars guilty. The most controversial part of his order was putting the onus on the Talwars of proving their innocence. The Indian legal system holds an accused innocent until proven guilty, however, the judge relied on Section 114 and 106 of the Evidence Act to hold the Talwars guilty unless they can prove their innocence.

Section 114 of the Evidence Act:

Court may presume existence of certain facts: The court may presume the existence of any fact which it thinks is likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.

Section 106 Indian Evidence Act:

Burden of proving fact especially within knowledge: When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Using these two sections and relying on 26 circumstances, Judge Lal said that there were four people at L-32, Jalvayu Vihar, Noida Sector 25, on the intervening night of May 15-16, 2008. Two of them were dead. Evidence proves that there was no forceful entry. So the onus is on the Talwar couple to prove that they are not guilty of the murders.

“From the evidence as tendered by the prosecution in the form of oral and documentary evidence, this court reaches the irresistible and impeccable conclusion that only the accused persons are responsible for committing this ghastly crime,” Judge Lal had said pronouncing the Talwars guilty.

Denying the benefit of doubt to the Talwars in the absence of direct and forensic evidence, Judge Lal said, “Proof does not mean proof to rigid mathematical demonstration, because that is impossible; it must mean such evidence as would induce a reasonable man to come to a particular conclusion.” Lal was quoting Lord Fletcher Moulton.

He went on to say, “Law gives absolute discretion to the court to presume the existence of any fact which it thinks likely to have happened. Presumption is an inference of a certain fact drawn from other proved facts.”

Many have questioned this interpretation of the law by the CBI Judge and still there are several unanswered regarding the motive, murder weapon and chain of criminal conspiracy.

Judge Lal cited the pillow cover recovered from Aarushi’s room, with Hemraj’s DNA, as evidence to support the prosecution theory on the murder motive. It suggested that Rajesh Talwar had seen Hemraj and Aarushi together in her room and in a fit of rage hit Aarushi, killing her accidentally and then killing Hemraj in cold blood.

There is no clear evidence to support the above theory but Judge Lal supported the prosecution and said, “It has been held that where a credible evidence exists on record to establish guilt of the accused, it is not necessary to look for a motive. The absence of a motive would not in any manner destabilize the prosecution case, or hamper a conviction.”

“Proof of motive in a case based on circumstantial evidence is of no consequence when evidence is strong and circumstances speak loudly, boldly and clearly,” Judge Lal had said.

Regarding the murder weapon, the prosecution alleged that a golf club belonging to Rajesh Talwar was used for the murder. This was handed over to CBI days after the murder and the investigating agency alleged that this was cleaned up to remove all possible evidence. Judge Lal dealt with the question of the golf club extensively and accepted the prosecution theory, even though the defense lawyers raised questions on the veracity of the CBI claim.

Most importantly, Judge S Lal cited 26 circumstances that proved beyond reasonable doubt that Dr Rajesha and Nupur Talwar not only murdered Aarushi and Hemraj, but also conspired to destroy evidence.

Judge Lal’s observations included the couple’s failure in explaining how anyone could have entered Aarushi’s room when the door was locked from outside and the keys were with the Talwars.

The dressing up of the crime scene, the ‘no outsider’ theory, have all been held against the Talwars by the CBI court. But this is a case where the CBI filed a closure report despite a lack of foolproof evidence.

Thursday’s ruling will see if the Allahabad High Court finds Judge Lal’s reasoning substantial.

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News Network
February 12,2020

New Delhi, Feb 12: Unidentified people opened fire at the convoy of the newly elected Aam Aadmi Party legislator Naresh Yadav in Southwest Delhi when he and his supporters were returning home after visiting a temple after his victory, killing a party volunteer, police and a senior AAP leader said.

The firing incident happened in Kishangarh village late Tuesday night.

Police said they have detained a person for questioning and the incident appears to be a case of personal enmity. Sources said seven rounds were fired at the MLA's convoy.

Another person injured in the incident has been admitted to a hospital.

AAP leader Sanjay Singh identified the dead party volunteer as Ashok Mann.

“Convoy of MLA Naresh Yadav attacked in Mehrauli, Ashok Mann killed. Naresh Yadav was returning home after visiting a temple,” Singh said in a tweet in Hindi.

“At least one volunteer has passed away due to bullet wounds. Another is injured,” AAP tweeted.

Ankit Lal, AAP's social media in-charge, added that miscreants in another car opened fire on the MLA's convoy near Fortis Hospital.

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News Network
April 4,2020

Mumbai, Apr 4: As many as six Central Industrial Security Force (CISF) personnel stationed at Mumbai airport in Maharashtra have tested positive for coronavirus, taking the total number of positive cases among the central force to 11. The first case of a CISF jawan being diagnosed with the viral disease was reported on March 28. 

After the first case, the armed police force reported four more cases of COVID-19 among the personnel stationed at the airport on Thursday. On the same day, the CISF collected samples of 146 staff and sent them to Kasturba hospital for testing. The results, which arrived on Friday, recorded six more COVID-19 cases among, reported news agency.

The personnel were posted at Kharghar adjoining Mumbai, a senior official told news agency.

As of now, there are 14 COVID-19 cases in Panvel Municipal Corporation (PMC) area in Mumbai. Kharghar comes under the civic body's jurisdiction.

All the 146 CISF personnel were shifted to a quarantine centre at a facility at Kamothe reported the Times of India.

Maharashtra reported 67 new COVID-19 cases, taking the total tally to 490. A total of 26 deaths have been reported in the state.  

In the meantime, the Centre on Friday said there is no shortage of medical supplies across the country to fight COVID-19 outbreak.

"The government of India is making sure that all the essential medical supplies are in place to fight COVID-19. Sixty-two lifeline Udan flights transported over 15.4 tons of essential medical supplies in the last five days," Union Minister for Chemical and Fertilisers DV Sadanada Gowda said in a tweet.

The government is also paying full attention to the manufacturing activities of essential items like pharmaceuticals and hospital devices. For this, over 200 units in Special Economic Zones (SEZs)  are operational, he added.

"A Central Control Room has also been set up for close monitoring of the distribution of essential medical items and to address logistic related issues," Gowda said.

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Agencies
March 26,2020

New Delhi, Mar 26: The government on Thursday announced a Rs 1.7 lakh crore stimulus that included free foodgrain and cooking gas to poor for three months, and cash doles to women and poor senior citizens as it looked to ease the economic impact of the nationwide lockdown.

While over 80 crore poor ration card holders will each get 5 kg of wheat or rice and one kg of preferred pulses free of cost every month for the next three months, 20.4 crore women having Jan Dhan bank accounts would get one-time cash help of Rs 1,500 spread over three months.

Over 8.3 crore poor women, who were handed out free cooking gas connections since 2016, will get free LPG refills for the next three months, while poor senior citizens, widows and disabled will get an ex-gratia cash of Rs 1,000.

"Since the lockdown has been in force (since Wednesday) and therefore we have come out with a package which will immediately take care of the concerns and welfare of poor and suffering workers and those who need immediate help," Finance Minister Nirmala Sitharaman said at a news conference here.

The package, she said, is being announced within 36 hours of the 21-day nationwide lockdown announced by the Prime Minister to protect the nation's 130 crore people from the fast-spreading coronavirus. "We do not want anyone to remain hungry."

She hinted at more announcements if a need arises.

"So, today's measures are very clearly aimed at reaching out with food and money that they need to have it in their hands. We will obviously think about other things. I will gradually address if there is more to attend," she said.

The package included advancing the payment of one-third of the Rs 6,000 a year pre-2019 general election cash dole scheme for farmers, government contributions to retirement funds for the next three months of small companies with 90 per cent of staff earning less than Rs 15,000, and a Rs 50 lakh insurance cover to healthcare workers.

For rural workers, the daily wage under the MNREGA employment guarantee programme has been increased to Rs 202 from Rs 182, benefiting 5 crore workers of about Rs 2,000 in all.

India joins countries -- from the US to Singapore -- that have pledged spending to contain the economic fallout of the pandemic that has infected almost 5 lakh people globally and left over 21,000 dead.

The pandemic has infected 649 persons in India and has killed 13 so far.

While the free food grains and pulses would cost Rs 45,000 crore, Rs 2,000 payment to 8.7 crore farmers under Pradhan Mantri Garib Kalyan Yojana will cost Rs 16,000 crore.

The cash to women Jan Dhan account holders will cost Rs 31,000 crore and another Rs 13,000 crore is estimated to be the expenditure for providing free cooking gas.

Sitharaman, however, evaded a reply to questions on how the government will finance the package given that the impact of the closure of businesses across the country will be felt over the next few months and would have a direct bearing on already strained tax collections.

She also did not say if the government will relax budget deficit targets or resort to additional borrowings to fund the programme.

The revised fiscal deficit - the gap between revenue and expenditure - has been put at 3.8 per cent of the GDP in the current fiscal. For the fiscal starting April, the government is targeting a 3.5 per cent fiscal deficit.

"Today's measures are very clearly aimed at reaching out to the poor," she said. "At this stage, I am more concerned about reaching out to those who need help."

With businesses closed during the lockdown, the government will contribute employees as well as employer's contribution to the provident fund for the next three months of companies with up to 100 employees with 90 per cent earning not more than Rs 15,000. The contribution will be a total of 24 per cent of eligible wages.

Also, workers will be allowed to draw a non-refundable advance of 75 per cent from credit in provident fund account or three months salary, whichever is lower, she said.

Sitharaman said the limit of collateral-free loans to 63 lakh women self-help groups is being doubled to Rs 20 lakh, impacting 7 crore households.

The free foodgrain and pulses are over-and-above the existing entitlement through the public distribution system (PDS). The ration card holders can take the foodgrain and pulses from the PDS in two installments, she added.

The government had previously relaxed timelines for meeting tax and other statutory filing requirements as well as allowed companies to divert their philanthropy or CSR funds to support the fight against coronavirus.

These measures and the ones announced on Thursday will be topped up by the expected announcement of interest rate cuts by the Reserve Bank of India (RBI) at its bi-monthly monetary policy review meet slated next week.

Commenting on the package, Anil Talreja, Partner, Deloitte India said the announcements are is expected to give reprieve to the mass sections of the population. "This is a good way to ensure that the poor and needy get what they deserve. It has ensured that the farmers, poor senior citizens, widows and specified sections of the society as well as people who are attached to the healthcare sectors get rewarded for their hard work and sacrifices".

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