CBI tampered with key evidence: Defence

Rajesh and Nupur Talwar are standing trial for the murder of their 14-year-old daughter Aarushi and domestic aide Hemraj.

Written by Dipankar Ghose | Ghaziabad | Published: November 12, 2013 2:18:40 am

The defence counsel representing Rajesh and Nupur Talwar told a Ghaziabad court on Monday that the CBI had “tampered with,changed and fabricated” evidence in the Aarushi-Hemraj double murder case,quoting three specific incidents.

Rajesh and Nupur Talwar are standing trial for the murder of their 14-year-old daughter Aarushi and domestic aide Hemraj on the night of May 15-16,2008.

Tuesday is expected to be the last day of arguments in court,with both defence and the prosecution set to complete their final arguments before ASJ Shyam Lal. The court will then reserve judgement for a later date.

Defence counsel Tanveer Ahmed Mir’s arguments revolved around two sets of photographs of the pillow and pillow cover recovered from the room of Hemraj,and the room of Krishna,Talwars’ ex-employee who was accused,but let off for lack of evidence.

“When the pillow and pillow cover from Hemraj’s room were opened in the trial court,they had a tag which bore the numbers ‘CFSL-2009/E-1025…’. However,in the counter affidavit filed before the Supreme Court,the tags have the numbering ‘CFSL-2010/E-1025…’,” Mir told the court.

“Further,while the sticker on the purple pillow and pillow cover recovered from Krishna’s room have no mention of ‘Sl no 10’ when they were shown in the trial court,this mysteriously appears in the photos in the counter affidavit. Obviously,this shows that the tags were changed after the exhibits were opened. These were to be in sealed condition after the last laboratory in the chain of examination,CDFD Hyderabad,examined the exhibits,” he argued.

The second basis on which the defence sought to highlight the ‘manipulation of fact’ revolved around a pillow and cover found from Krishna’s room,on which Hemraj’s DNA was said to have been found.

After clarification was sought by the CBI,CDFD officials reneged on their report and had said that it was not found from rooms of Hemraj and Krishna,Mir said.

“The CBI manipulated this very clearly as the presence of Hemraj’s DNA in Krishna’s room would have essentially exonerated Rajesh and Nupur Talwar. Investigating officer AGL Kaul said he caught the mistake when he joined investigation in 2009,but did not put it in the case diary. How could he have known that there was a mistake even before a clarification was issued in March 2011. Once the mistake was clarified,CDFD scientist SPR Prasad had given a written opinion on how the mistake occurred. Neither did the IO seize this,nor was it placed on record. It was shown to court that it is the prosecution’s burden to prove that it was indeed a mistake that had been made,as it was a ‘special fact only in their knowledge’. They did not discharge this burden at all,” he said.

Based on the testimony of Laxman Singh,Mir said the golf bag showed signs of being tampered with after it was sealed. Laxman Singh was present when the Talwars’ driver Umesh was called for a test identification parade by IO AGL Kaul,as an independent witness. “On January 7,2010,CFSL scientist B K Mahapatra sealed the golf clubs and a bag separately with his own seal. When Umesh was shown the golf clubs and bag in a test identification parade,Laxman said the clubs were in the bag. When the bag was opened in court,it was sealed… The seals were broken and clubs put in the bag. They were then removed,and the original seal was replaced,” Mir said.

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