CBI needs material evidence in Noida murder case: experts

July 12th, 2008 - 6:16 pm ICT by IANS  

A file-photo of Aarushi Talwar

New Delhi, July 12 (IANS) Unless the Central Bureau of Investigation (CBI) gets material evidence within the next 48 days to corroborate the narco-analysis test reports of the three accused in the sensational murders of teenager Aarushi Talwar and her family help Hemraj, they will get bail, legal experts say. Relying on the narco-analysis tests, the CBI Friday named Krishna, the medical assistant of Aarushi’s dentist father Rajesh Talwar, and two other domestic helps, Raj Kumar and Vijay Mandal, as being behind the crime that came to light May 16.

“Right now, the case against the three accused is proceeding on the same lines as that of the father, Rajesh Talwar, as the tests conducted by the CBI are not admissible in court,” noted criminal lawyer R.K. Naseem told IANS.

Under the law, the CBI has to file a chargesheet within 90 days of registering a case. It registered the case in the Noida double murder on June 1, leaving the agency with 48 days now to file the chargesheet.

“The CBI seems to be just biding its time all the while as the three accused will get bail once the 90-day period is over. After that, it will continue probing the case hoping it hits paydirt,” Naseem said.

Aarushi, 14, was found killed with her throat slit in her home May 16 morning. The Noida police initialled blamed family help Hemraj but backtracked after his body was found a day later on the terrace of the apartment.

The case was handed over to the CBI May 31 after the Noida police came under heavy criticism for botching up the investigations. especially after failing to secure vital evidence from the crime scene that could have helped in unravelling the murders.

The CBI has attempted to establish the sequence of events on the night of May 15-16 when Aarushi and Hemraj were killed in the Jalvayu Vihar apartment in suburban Noida. But in the absence of concrete proof and even the murder weapon, it has been forced to bank on narco-tests.

“In his narco-analysis test, Krishna confessed to his involvement in the crime. Raj Kumar too confessed during his second narco-analysis test and gave vivid details of the crime,” said CBI Joint Director Arun Kumar, the pointsperson overseeing the investigations.

“We have the confessional statements of the accused but we have made no recoveries so far,” Kumar added.

Clearly, the case is far from being prised open and the CBI has still a lot of legwork to do if it has to conclusively establish a motive, backed by material evidence - a vital component if it has to stand up to judicial scrutiny.

“Statements of the accused taken under narco-analysis are not admissible in the court. The CBI simply does not have any evidence as of now,” added criminal lawyer Kamini Jaiswal.

Though nearly a month and a half has elapsed since it took over the case, the CBI has yet to recover the weapon of offence as well as the mobile phones of Aarushi and Hemraj.

“Unless they have something concrete to substantiate what they are saying, the accused cannot be convicted. They still have time to take evidence,” Jaiswal said.

The delay in filing a chargesheet by the CBI could also delay the filing of a defamation suit by Talwars against the media organizations and Noida police for tarnishing their names and that of Aarushi.

“The Talwars can slap a defamation suit but they will have to wait till the CBI files its chargesheet. Besides, the CBI has not told the court but only the media that it was giving him a clean chit,” Naseem pointed out.

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