TRACKING THE CASE

AARUSHI MURDER CASE

Facts of the Case :

The murder of Aarushi Talwar is one of the most sensationalized and mysterious murders of the recent times. The murder attracted attention not only from the media but also from CBI, politics and people across the nation. But despite of taking attention for more than a year, this murder mystery is yet unsolved

The incident took place on the night of May 15, 2008 and the body of 14 years old, Aarushi Talwar, D/o Mr. Rajesh Talwar (father) and Nupur Talwar (mother), was found on the morning of May 16, 2008 at Talwar residence, Jalvayu Vihar, Noida, Delhi. The parents say that they were in the next room but did not hear any screams in the night, so they were unaware. The domestic help Yam Prasad Baryade alias Hemraj, 45 years old Nepalese, went missing, so suspicion fell on him. The Noida Police announced reward for information leading to Hemraj’s apprehension and arrest. The postmortem was conducted on May 17, 2008. The autopsy ruled out any sexual assault.. Meanwhile, Noida Police never took proper forensic information from the murder location like finger prints, blood stain samples.
After 2 days, body of Hemraj was found on the terrace of Dr. Talwar’s house, the door to which was locked and the keys were with Dr. Talwar. On May 18, 2008, after investigation, the Police stated that the murders have been committed with a surgical precision instrument.

The Prosecution Story :

The Noida Police formed a circumstantial theory, stating that Dr. Talwar and his daughter Aarushi had a strenuous relationship and Aarushi was a bad character girl. On the fateful night, Dr. Talwar comes home and finds Hemraj and Aarushi in compromising position and gets provocated. He then takes Hemraj to terrace and murders him. Later he comes back downstairs where Aarushi is sleeping and murders her as well. Later he calls the police on the morning and tells them that Hemraj has murdered his daughter. His plan is to put the blame on Hemraj and then to dispose off his body in a away that it is never found so that the case is never solved. Noida Police also says that there is one more reason for this murder. Dr. Talwar had an affair with a family6 friend Mrs. Durrani and Aarushi had objected to it, so he murdered her. They came up with ridiculous evidence of a year old e-mail and Dr. Talwar was arrested on May 23, 2008.

< http://en.wikipedia.org/wiki/Noida_double_murder_case >

Later on, the matter saw political light and it was handed over to CBI. Since then, some progress has happened in the case in a scientific manner. It does appear that Krishna, the compounder at Dr. Talwar’s clinic has confessed that the murders were carried out by him and Rajkumar, who is a domestic help at Durrani’s home.

According to the new theory based on confessions, Krishna had been openly criticized for his negligent work by Dr. Talwar and Dr. had also threatened to remove him from his clinic. Krishna, Hemraj and Rajkumar were mutual friends. On the night of incident, all three had got together at servant quarters at Talwar residence. Hemraj was aware that her parents sleep with A.C. on with closed doors and generally they don’t realize what happens outside their room in the night. All three went to Aarushi’s room and Krishna murdered her with a knife. It probably happened so fast to Aarushi that she was totally terrified and never had a chance to scream. Now Hemraj knows that he would be the prime suspect so he is afraid and ready to tell it all. So Krishna murders him as well.

This theory seems somewhat genuine.
Role of Media :
In between media also does a lot of character assassination of Dr.Talwar and wife. One section of media published report saying that Dr.Talwar had booked room in a hotel on that night and he is just faking that he was at home. This is totally a baseless allegation for which no proof was found by CBI. This clearly points out that there are sections in Indian media which has lost their moral values, to the plight of Dr. Talwar and wife. Plus, media with all its hype increased the pressure on the Police.



It is quite understandable that the job of CBI was quite difficult because the case was handed over to them almost ten days after the murder. Till that time Noida police had not collected any forensic evidence from the murder location like finger prints, blood stains, etc, they did not even lock the room where the murder took place. The CBI, based on the confessions of Krishna and Rajkumar, gave clean chit to Dr. Talwar. Later, Krishna, Rajkumar and Sambhu, all three got out on bail as well. This is because the confessions made by them to the CBI had no relevance in the court of justice. CBI is still investigating the case.

On September 4, 2009, a new fact came into light, clearing that Aarushi’s vaginal samples were substituted with those of an unknown woman. Also, the clothes that Aarushi was found in were soaked in blood but the laboratory received clean clothes.


On September 10, 2009, doubts were raised about the authenticity of the post mortem report. And finally, Aarushi’s mobile phone was found in Bulandshehar on September 14, 2009. The CBI says that finding of cell phone might prove to be a boon for the investigation.


Questions to be answered :

• Can actually a cell phone, found after more than a year, without the simcard, can solve the mystery?

• Or is it just disclosed by CBI to show that some progress is going on and divert the attention from the postmortem report controversy?

• It has been more than a year and still there’s no solid evidence against a particular person. Inspite of the limelight the case got, the case is yet pending. And there are so many other cases that don’t receive such attention, what would happen to them?

• Who is to be blamed for this delay of justice?


Conclusion :

The Noida Police, who didn’t take caution in recording evidence in the beginning, the forensic lab, which let the actual samples and the only evidence disappear, the CBI, which is taking too long to solve the mystery or the Media, which behaved irresponsibly and distracted the whole investigation? Whoever be the reason, the present situation suggests that in the absence of eye witnesses, the mystery may remain unsolved.

http://timesofindia.indiatimes.com/news/city/delhi/Finally-some-headway-as-Aarushis-mobile-found-in-UP/articleshow/5010932.cms


PIYA,
5sem,3 year L.L.B.