Circumstantial evidence and the Talwars’ rebuttal

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By The Telegraph Online
  • Published 26.11.13
Nupur and Rajesh Talwar arrive at the special CBI court in Ghaziabad on Monday (PTI)

CBI probe: The crime scene was heavily dressed up, which could only have been done by those staying at the home. Aarushi’s body was covered with a white bed sheet. The bed linen was found undisturbed

Talwars’ rebuttal: She was the only one inside the room and that’s why most of the things were undisturbed. The CBI did not examine the police officer who reached the spot first. The agency tried to reconstruct the events on the basis of photographs taken by Noida police

CBI probe: Evidence shows that Aarushi’s private parts were cleaned after death

Talwars’ rebuttal: Then how come the post-mortem report mentioned a whitish discharge? (Pathologicy tests found no sperms)

CBI probe: Surgical cuts on the necks of both victims suggest the work of professionally trained experts. Both parents are dentists

Talwars’ rebuttal: Baseless allegation. The crucial fact that no surgical knife or blade was found cannot be ignored

CBI probe: Golf club reported missing earlier was detected by the Talwars themselves but this was not intimated to anybody for almost a year

Talwars’ rebuttal: Golf club was lying in servants’ room. Neither police nor the CBI found it during their searches. It was found after a year and a half and the CBI was alerted

CBI probe: The post-mortem report asserts that both Aarushi and Hemraj died of injuries from a blunt weapon and that the cuts on their necks were inflicted when they were already dead. Investigators suspect a golf club was used in the murder. The choice of weapon suggests grave and sudden provocation

Talwars’ rebuttal: No body fluid or blood could be detected on the golf club during the forensic examination

CBI probe: The murder had taken place between midnight and 1am on May 16, 2008. A probe revealed that Rajesh had surfed the Internet on his computer till 11.50pm on that night and was awake till 12am. Could he have gone into deep sleep by the time the murder took place?

Talwars’ rebuttal: There was some fault with the PC which was going on and off frequently

CBI probe: Presence of a bottle of Scotch on the dining table with the blood of both the victims on it indicates involvement of the residents as it was unlikely that an outsider would return to drink liquor after committing the crime

Talwars’ rebuttal: This was the only piece of evidence with blood of both the victims. But the fingerprints collected by the police could not be identified

CBI probe: No outsider was involved. Circumstantial evidence suggest that whatever was done, only the parents could have done it

Talwars’ rebuttal: The CBI’s figment of imagination. Lie-detector tests on Rajesh Talwar and Nupur have not conclusively indicated their involvement.

Investigation gaps mentioned in the CBI report

• Fingerprints on the bottle of Scotch could not be identified
• Exact sequence of events is not clear
• No evidence to establish motive (but the CBI later said the murder was done in a fit of rage)
• The CBI report mentions the agency had told the court on July 11, 2008, that lie-detector tests had failed to connect Rajesh to the crime. “He was interrogated and no evidence was found against him”
• The CBI said Noida police’s failure to secure the crime scene was another reason why the agency was left only with circumstantial evidence.