IRAC – Case Analysis on Central Bureau of Investigation Of Delhi v. Dr. Mrs. Nupur Talwar and Dr. Rajesh Talwar
Anindita Saha, Symbiosis Law School Pune
Prosecution : Central Bureau Of Investigation Of Delhi
Defence: Dr. Mrs. Nupur Talwar and Dr. Rajesh Talwar
The FIR was field against the accused party in the session court and the charges which was brought against them was under Section 302, Section, Section 201 of the Indian Penal Code 1860.
Main Fact:
The Talwar couple, Dr Rajesh and Nupur Talwar, are the key accused in the murder of their only child Aarushi as well as their domestic help Hemraj. The key facts of the case:
May 16, 2008: A few days short of her 14th birthday, Aarushi Talwar is found dead in her parent's home in Jalvayu Vihar, Noida. The main suspect Hemraj is missing. Hemraj lived in Talwars' flat.
May 17, 2008: Hemraj is found dead the next day on the roof.
May 23, 2008: While investigating the case, the Noida Police mishandle the investigation on several fronts--allowing media access to the crime scene before the evidence is collected. Noida police also arrest Aarushi's father, Dr Rajesh Talwar, for the double murder at a press conference after Rajesh Talwar's arrest, senior Noida police officers suggest that Dr Rajesh and Nupur Talwar were of questionable character; the deceased Aarushi is also not spared and allegations of dubious character are levelled at her as well.
June 1, 2008: The case is handed over to CBI at the request of Aarushi's parents
Neither the murder weapon nor the cell phones of Aarushi and Hemraj are recovered.
June 2008: CBI arrests four men who work as domestic helpers for the Talwars or their friends and neighbours. Narco-analysis tests prove inconclusive and the four are released later for lack of evidence.
July 2008: CBI submits it has no evidence against Dr Rajesh Talwar and he is released from jail.
The CBI recovers Aarushi's cell phone, but finds nothing that would point to the killer in the cellphone.
December 29, 2010: The CBI files a closure report in a court in Ghaziabad. Though the report says the CBI has no evidence to pinpoint the blame on any one person, the report also says that Dr Rajesh Talwar is the prime suspect for the two murders.
February 9, 2011: The court, on the basis of the report, orders trial of Rajesh and Nupur Talwar, charging both with murder and destruction of evidence.
January 6, 2012: The Talwar’s move Supreme Court to get the trial cancelled saying there is no evidence against them. SC allows trial to go ahead.
