Refusing to question prosecution witness Kalpana Mandal at a Ghaziabad court where dentist couple Rajesh and Nupur Talwar are being tried for the 2008 murder of their daughter Aarushi and domestic help Hemraj,the CBI on Friday submitted an application stating that the witness had been won over by the accused.
Kalpana worked as a maid at the Talwar house. She had gone home to West Bengal for a 10-day break in May 2008. It was during her absence that Aarushi and Hemraj were killed. Kalpana,who now works for Nupurs parents,had brought a woman called Bharti to fill in for her at the Talwar house while she was away.
Bharti deposed as a key witness last week.
The CBI application,signed by special public prosecutor R K Saini,stated: It has been reliably learnt that prosecution witness Shrimati Kalpana Mandal has been won over by the accused and is not going to support the prosecution case. Therefore,she is not to be examined.
Satyaketu Singh,lawyer for the Talwars,filed a strong counter-application stating that the CBIs refusal was for the sole and oblique purpose of defeating the right of accused Nupur Talwar to seek bail.
On August 13,the Supreme Court had rejected Nupurs bail plea,saying she could influence 13 material personal witnesses. The apex court had directed the CBI to examine these witnesses before September 17.
Of the 13 witnesses,seven have been produced before the court so far.
The defence application said,They (CBI) are not producing her with the malafide intention of either getting deferment of the hearing fixed for September 17 (or) to fabricate grounds to oppose the bail of Nupur Talwar.
This false allegation (that Kalpana has been won over) has been levelled without even producing the witness who is present in the courtroom, application said.
The next date of hearing at the trial court is on Friday.