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This is an archive article published on November 26, 2013

Prosecution ‘satisfied’,defence says will appeal

Satyaketu Singh,another member of the defence,said he was disappointed by the verdict.

Minutes after Rajesh and Nupur Talwar were convicted of the murder of their daughter Aarushi and domestic help Hemraj,the prosecution and the defence sparred,sticking to their respective stands.

While the defence maintained that the judgment was based on “no evidence whatsoever”,the prosecution said the verdict was “expected and satisfactory”.

Prosecution lawyers said their case was never in doubt. R K Saini,the CBI counsel,said,“The crime that was taken cognisance of has been proved beyond all doubt. The circumstantial evidence in the case was strong and it was clear that there was no chance of anyone else committing the murder.”

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Sanjay Yadav,who was the lawyer hired by Hemraj’s family,said,“The prosecution should press for death as not only did the accused kill their daughter and another man,but also tried to get four others,including Hemraj,convicted of the murder. It was Rajesh Talwar who filed a case against Hemraj,despite knowing that he was dead.”

Tanveer Ahmed Mir,the main defence counsel who made final arguments in the case,said,“I was given a chance to read through the judgment and it seems that 50 per cent of it has a reverse burden placed on us. The judge has said the defence needs to explain that if the two accused were in the house,how did they not know what happened.”

Mir said,“Thirty per cent of the judgment is based on assumptions and we will appeal in a higher court.”

Satyaketu Singh,another member of the defence,said he was disappointed by the verdict.

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“There is no justice for either the accused or the victim in this case. They have not been able to establish anything beyond doubt. Both the motive and the murder weapon are still not clear. How can there be a conviction?”

Friends of the family said the judgment had left them “shocked and disillusioned” and that they had never doubted the couple’s innocence.

“They are innocent and while a verdict has come,justice has not. For five-and-half years,they have fought and there is a limit to patience,resources and strength. But Rajesh and Nupur must find more. There is almost no choice in the matter. The fight must go on,” Radhika Chaddha,a friend of the Talwars,said.

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