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
April 6,2020

New Delhi, April 6: Prime Minister Narendra Modi on Monday said that people from every section of the society and age group demonstrated unity on Sunday by responding to the Prime Minister '9 pm-9minute' appeal and strengthened the resolve to the fight against COVID-19.

"We experienced yesterday at 9 pm, the strength of togetherness of 130 crores people of our country," said PM Modi.

He further praised the citizens of the country for their support to the lockdown imposed across India in the wake of coronavirus threat.

"The maturity shown by the people during the lockdown, in a large country like India, is unprecedented. No one could have imagined that the people will abide by this with such obedience and sense of service," said Prime Minister Modi.

"I state it with full responsibility that this is a long war against coronavirus pandemic. But we do not have to get tired or take a rest in this war. We have to emerge victoriously. Today, the country has only one goal and one resolve - to win this war," he added.

The Prime Minister continued saying, that the government has developed an Aarogya Setu app through which one can get information regarding the infected cases around them.

"I request all of you to tell people about it, everyone should make sure that at least 40 others install it. They will get info through it about possibly infected cases around them. In these tough times, we have to ensure this," he added.

The Prime Minister also advised everyone to take necessary preventive measures and stay protected by adopting the mantra of social distancing.

"Always remember, whenever you go out your face should be covered, I say you should keep your face covered even at your homes. The mantra today for the whole world is social distancing and discipline," he added.

Prime Minister Modi addressed the BJP workers and the nation on the occasion of the Bharatiya Janata Party's (BJP) 40th Foundation Day.

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News Network
March 15,2020

Bhopal, Mar 15: Madhya Pradesh Chief Minister Kamal Nath on Saturday sought the intervention of Home Minister Amit Shah for the "release" of 22 Congress MLAs in Karnataka, saying they had been held "captive" and were under "pressure".

In a letter to Shah, Chief Minister Nath said the BJP's demand for floor test had "no meaning" till the MLAs do not reach the state.

He said that the MLAs do not have any means of personal communication and all efforts to reach them have failed.

In the four-page letter, Nath said Governor Lalji Tandon had told him that the responsibility of security of those who will come to meet the Speaker should be with the CRPF but as the Chief Minister, it is his duty to ensure the security of all residents of the state including MLAs.

"I assure you that if these 22 MLAs are released by the Karnataka Police, then I will ensure maximum security by the state government so that they are able to convey their views without fear and take part in the proceedings of the assembly," Nath said.

He urged Shah to use his powers as Home Minister so that 22 MLAs safely reach Madhya Pradesh and discharge their responsibilities "without fear or greed" in the assembly session beginning on March 16."

Chief Minister Nath said that he had been informed that the MLAs had been deprived of all personal communication facilities.

He said that a father was not allowed to meet his son and two ministers who were accompanying the father of the legislator were "arrested" and manhandled by the Karnataka Police.

"My efforts to reach them as also of their relatives have failed which proves my apprehension that they are under captivity."

He said the videos released in the name of MLAs to "mislead" the people of the state were similar. "This proves that all these MLAs are under pressure and they are being forced to act in a particular way," he said.

Nath said that he was drawing Shah's attention to the developments in the state since March 3 which were aimed at destabalising the government.

He said three Congress MLAs, one BSP, and one independent MLA were taken to Gurugram and two ministers of his government were able to "rescue" the BSP legislator.

He said the three Congress MLAs and the independent MLA were later taken to Bengaluru by the BJP. He said a BJP MLA and a party functionary accompanied them.

"Later, 19 Congress MLAs were taken to Bengaluru in chartered planes and the arrangement was done by the BJP," he said, adding that they were accompanied by two former BJP MLAs and a former minister.

Kamal Nath said the number of MLAs in Bengaluru grew to 22 and they are all in the protection of the Karnataka Police.

He said some BJP leaders from Madhya Pradesh can be seen in pictures of the place where the MLAs were staying. "All reported expenses on these MLAs are being borne by the BJP," he said.

He said the BJP leaders had told the media about the resignation of MLAs and they had not presented themselves before the assembly Speaker.

Kamal Nath said he was concerned about the security of the MLAs and had written to the Governor earlier.

"You would agree with me that the demand for floor test has no meaning till the 22 MLAs are in captivity. This is unprecedented that the BJP is demanding floor test and several Congress MLAs have been kept outside the state,' he said.

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Agencies
May 13,2020

New Delhi, May 13: Finance Minister Nirmala Sitharaman on Wednesday announced Rs 3 lakh crore collateral-free automatic loan for businesses, including MSMEs.

This will benefit 45 lakh small businesses, she said detailing parts of the Rs 20 lakh crore economic stimulus package.

The loan will have 4-year tenure and will have a 12-month moratorium, she said.

Also, Rs 20,000 crore subordinated debt will be provided for stressed MSMEs, she said adding this would benefit 2 lakh such businesses.

The Finance Minister said a fund of funds for MSME is being created, which will infuse Rs 50,000 crore equity in MSMEs with growth potentials.

Also, MSME definition has been changed to allow units with investment up to Rs 1 crore to be called micro-units in place of Rs 25 lakh now.

Also units with turnover up to Rs 5 crore to be called micro-units, she said, adding a turnover based criteria is being introduced to define small businesses.

The investment and turnover limits for small and medium businesses have likewise been raised to allow them to retain fiscal and other benefits, she said.

Global tenders will be banned for government procurement up to Rs 200 crore, she said, adding this would help MSMEs to compete and supply in government tenders.

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JM
 - 
Thursday, 14 May 2020

Fully automatic loan..... not reachable to poor needy......

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