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Arushi murder case: Court to pass order on CBI closure report today

The Special Judicial Magistrate CBI court in Ghaziabad reserved its order on the closure report filed by the investigation agency in court for Wednesday.

The Special Judicial Magistrate CBI court in Ghaziabad reserved its order on the closure report filed by the investigation agency in court for Wednesday. The CBI counsel had earlier submitted that there was no scope for further investigation in the Arushi-Hemraj murder case.

The in-camera court proceedings started around 10.30 am on Tuesday and lasted for almost three hours. After emerging from the court,CBI counsel R K Saini said,“We argued on various points. The investigation officer (IO) in the case agreed that despite all the circumstantial evidence,there is not enough to nail the suspect and,therefore,there is no chargesheet. The IO also said that there is no scope for investigation in the case. Though Talwar’s counsel asked for touch DNA tests,we informed the court that we consulted five labs — three of which are located abroad — only to be told that it would be impossible to nail anyone on that basis as the evidence has been touched by many.”

Speaking to Newsline,Talwar’s counsel Satish Tamta said they sought reinvestigation in the case. “We stated in court that the investigation agency did not complete the investigation,and there are loose ends in the case.”

Tamta said they countered the closure report during the in-camera proceedings on Tuesday. “First we told the court that the CBI did not seize every piece of evidence. We showed a photograph of the crime scene. The closure report says that the pillow cover on the back of the bed falls within the blood pattern area,but there was no blood droplet on it. We produced the pillow cover with blood drops on it. It was one of the covers that were put on the bed that day and the investigation agency did not seize it,as claimed,” Tamta said.

The counsel said he argued that the bedsheet,which was reportedly seized by the police and investigation agency,was still lying on the rooftop — soaked in blood. “We showed the court a photograph that appeared on May 18,2008,in The Indian Express. We also trashed the argument given by the agency that the Internet router was switched off at 3.43 am and then switched on at 6 am on May 16. In their closure report,their expert has said that when all were present in the house on May 16,the router showed the same inconsistency. He was unable to explain that satisfactorily and,hence,it’s not full evidence,” said the Talwar’s counsel.

The CBI counsel said they had told Special Judicial Magistrate Preeti Singh that there were only four members present in the house,and two of them had been murdered. “We argued that the presence of a third member,other than the parents,has been ruled out. The role of the domestic helps is,therefore,ruled out,” the counsel said. Countering the CBI counsel’s claim,Tamta said,“During the narco,Rajkumar and Krishna allegedly said they destroyed Hemraj’s phone,whereas his phone is working in Punjab till today. I want to know why the agency has not been able to seize that phone.”

They also argued about the plywood partitions between the rooms and why the parents never realised what was happening in the house.

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“We told the court that the partition was a wall of brick and sand,and it was just covered with plywood. When CBI experts went to the house to reconstruct the scene in June,it found that when all the ACs are switched on,even the sound of hard objects hitting the floor would go unheard,” Talwar’s counsel added.

Dinesh Talwar,brother of Rajesh Talwar,said that Rajesh is still recuperating from his injury and would,therefore,not be able to attend the proceedings.

Meanwhile,the bail application of Utsav Sharma,who had attacked Rajesh Talwar on January 25,will be heard in the local court on Wednesday.

Sharma’s judicial custody has been extended till February 21 by the court of the ADJ-III,said S D Chaudhary,Utsav’s lawyer.

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Tags:
  • Aarushi Hemraj murder case CBI closure report Nupur Talwar Rajesh Talwar
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