The Allahabad High Court on Thursday stayed the trial proceedings going on against dentist couple Rajesh Talwar and Nupur Talwar in the lower court till July 2.
The Talwars are facing trial for the alleged murder of their daughter Arushi in their Noida house on May 16,2008. The Talwars had approached the court with an application that a sound simulation test report,which is with the CBI,should be brought on court records.
During investigation,the CBI carried out the test on the plea of Talwars that they were in the other room when Arushi was murdered and,with the air-conditioner switched on,it was not possible to hear any sound from her room. The Talwars had claimed that they did not come to know about the murder till morning because of this reason.
The lower court had rejected the Talwars application for bringing the test report on record saying it was just an opinion expressed by an expert and would not affect the right of the accused to fair trial.
Hearing the application,a single judge bench of Justice Sudhir Agarwal said: It is contended (by the defence counsel) that an experts opinion is an evidence under the Evidence Act and mere fact that it is an experts opinion,the trial court cannot reject the same Prima facie,I find substance and the matter requires consideration.
During the hearing,CBI counsel Anurag Khanna argued that the matter be decided by hearing the submissions of the two parties. However,after some argument,he sought some time to file a counter-affidavit for putting certain facts before the court.