Aarushi murder: CBI orders parents’ trial (Third Lead)

February 9th, 2011 - 9:53 pm ICT by IANS  

Ghaziabad, Feb 9 (IANS) A Central Bureau of Investigation (CBI) court here Wednesday ordered the trial of dentist couple Rajesh and Nupur Talwar for the 2008 murder of their teenaged daughter Aarushi, even as it rejected the plea of the investigating agency to close the case for want of evidence.”The closure report submitted by the CBI is rejected. Cognizance is being taken against Dr. Rajesh Talwar and Dr. Nupur Talwar. The accused persons are summoned under section 302/34, 201/304 of IPC (Indian Penal Code). The case is scheduled to be heard on February 28, 2011 and copies should be prepared for the proceedings,” CBI Special Magistrate Preeti Singh said in the operative part of the order which was announced in court.

Rajesh Talwar’s lawyer Satish Tamta was guarded in his response to the order.

“I shall comment only after seeing the order. To see the grounds on which basis the court rejected the closure report of the CBI is most important. Prima facie the court might have found the sufficient reason to initiate legal action against the Talwars and hence ordered to initiate the trial,” Tamta said.

On Tuesday, the CBI had requested the court to accept its closure report that was submitted Dec 29 last year. Tamta opposed this, and urged that the CBI be asked to further investigate the case with the help of latest modern scientific tests.

Special Magistrate Singh was told by the probe agency that it had not found any substantial evidence in the case and a closure report was its only option.

“The fingerprints found on a (blood stained) wall also could not be verified by the forensic lab,” CBI lawyer R.K. Saini told the court.

“The Talwars did not cooperate in the investigation and the CBI did not find any substantial evidence. Hence it had no option but to submit the closure report.”

Saini requested the court to accept the closure report.

He said the probe agency failed to establish the motive and the sequence of the crime.

Tamta opposed the CBI plea and requested the court not to accept its closure report as it “had not submitted the complete facts and evidence before the court”.

He urged the court to instruct the agency to investigate the case further using latest scientific techniques.

The lawyer said a low count DNA test should be conducted for the fingerprints on the blood stained wall on the terrace of Talwars’ Noida house.

The CBI opposed Tamta’s plea and said the forensic lab already had shown its inability to conduct the highly expensive test.

The CBI also said there were a number of critical and serious gaps which make it difficult to string together the sequence of events and motive behind Aarushi’s gruesome murder.

“In view of these shortcomings in the evidence, it is felt that sufficient evidence is not available to prove the offence under section 303/ 201 of IPC against accused Dr. Rajesh Talwar and Dr. Nupur Talwar beyond doubt. It is, therefore, prayed that the case may be allowed to be closed,” Saini argued.

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