ARGUMENTS

Appellant

No direct evidence on record proving the guilt of the accused.

The circumstances relied upon by the trial court did not bring home the case of the
prosecution.

The prosecution has totally failed to establish a complete chain of evidence.

The present case does not attract Section106 of the Indian Evidence Act.

Presence of outsiders inside the appellant’s flat on the fateful night.

Slept throughout the night and discovered the gruesome crime only in the morning.

The prosecution failed to prove by any cogent evidence that the appellants could hear the
sounds and the commotion caused in the adjoining room of Aarushi.

Hemraj’s dead body was found at the terrace which was accessible to the public at large.

Motive is to be proved in the case of circumstantial evidence.

Prosecution suggested the motive as the grave and sudden provocation caused by finding
Hemraj in a compromising situation with their daughter.

No evidence on record proving either that Hemraj was assaulted in Aarushi’s room or any
sexual activity took place between the deceased.

The motive suggested by the prosecution is based on incorrect

information that blood of Hemraj was found on the pillow recovered from
Aarushi's bedroom.

Although from the testimony of Dr. B.K. Mahapatra it is fully proved

beyond any doubt that pillow along with cover was actually seized from
Hemraj's room and was his pillow and pillow cover but Sri R.S. Dhankar
had erroneously stated that it was recovered from Aarushi's bedroom.

Blood and Deoxyribonucleic Acid (D.N.A.) of Aarushi alone was found on

the Aarushi's pillow, part of mattress and bed sheet seized from her room.

Prosecution failed to prove that the injuries found on the dead body of the
deceased were caused
by golf club belonging to the appellant.
The weapon used in the commission of double murder kept changing;
hammer and knife propounded by the NOIDA police, Kukri and then Golf
Club bearing no. 5 and surgical scalp propounded by the C.B.I.

In a case of circumstantial evidence there should be no alternative

hypothesis available.

The evidence adduced during trial suggests outsiders' entry inside the
appellants' flat on the fateful
night which points towards the innocence of the appellants.

The tenor of the impugned judgement clearly indicates that the trial judge
had prejudged the whole issue and was predetermined to convict the
accused-appellants.
Respondent

The testimony of Umesh Sharma, driver of appellant Rajesh Talwar

indicated that the four inmates namely, appellants Rajesh Talwar, Nupur
Talwar their daughter Aarushi and their male servant Hemraj were present
in L-32 Jalvayu Vihar, Ghaziabad in the night of 15/16.5.2008.

Bharti Mandal; the first person to reach the place of occurrence deposed
that the main door of the appellants' flat was latched from inside

there were blood stains on the stair case leading up to the terrace and the
lock of the terrace door

after killing Hemraj in the bedroom of Aarushi had dragged his dead body
from there up to the terrace

the post occurrence conducts of the appellants noticed by the witnesses

wholly incompatible with normal human conduct of a couple who had just
found their only child murdered in a diabolic manner

blood stains were visible on the outer frame of the door of Aarushi's
bedroom which proved that the door was open when she was murdered.

some of the factors which clinchingly point towards the guilt of the
appellants.

 efforts made by the appellants for influencing the doctor who

conducted the post-mortem to ensure that the factum of rape did
not find mention in the post-mortem report,

 lack of any urgency on their part to report the matter to the police

 their failure to make available the key of the lock put on the door of
the terrace on which blood stains were noticed and to come up with
 any satisfactory explanation for the key of the door of the Aarushi's
room being found in its lock

 their attempt to discourage anyone who tried to console them;

 Reluctance on the part of Rajesh Talwar to identify the dead body of

Hemraj

 the dramatic starting of weeping of Talwars as soon as PW10 Bharti

Mandal entered into their flat;

 lack of any effort on their part to ensure whether she was alive or
dead

 their failure to hug their daughter's dead body even once on finding
her murdered as the witnesses did not notice any blood on their
clothes

some other instances which indicate their attempts to make material

evidence disappear.

 Covering of partition grill of two terrace with a bed sheet

 getting the partition wall between their bedroom and that of

Aarushi's room painted in the
 same colour as the walls of the room which was earlier polished

 getting the first iron grill door and the grill enclosing the balcony
removed during the trial

Medical evidence corroborates the prosecution case that the blunt injuries
found on the dead bodies of both the deceased were caused by the same
person, at the same time and by using the same weapon, a golf club of
the same dimension as those of the injuries
The incised cuts found on the necks of the victims which were clean cuts
were caused by a very sharp-edged small weapon like surgical scalp by a
surgically trained person.

Evidence on record showing that Aarushi's dead body was tempered by

cleaning her vagina with a view to erase marks of sexual act and the
same was done during the process of setting in of rigor mortis due to
which vagina remained in dilated condition

The position of clothes worn by the deceased clearly suggested that her
clothes were put on the dead
body after her death.

The absence of blood on the toys, school bag and books etc. kept on her
bed suggested that the crime scene had been dressed.
Door was open, the wall between the room of Aarushi and the appellants
was of wooden plywood, distance between the bed of Aarushi and her
parents' bed is shown to be barely 8 feet, Nupur Talwar gave the
statement that she heard all the three bells rung by Bharti(maid) ;
unbelievable that the accused parents could not hear the screams and
slept throughout.

evidence in the form of logs provided by the service provider Airtel

indicate that they were awake all the night.

Hemraj's blood on the bottle of Ballentine's whiskey found on the dining

table proves, that the murderer had killed Hemraj and Aarushi both in
Aarushi's bedroom and then dragged the dead body of Hemraj up to the
terrace and then he had returned to the flat, touched the bottle of
Ballentine's whiskey and in the process transferred the blood of Hemraj on
the bottle, as a part of dressing up of crime scene.

No outsider after committing the crime would have dared to return to the
crime scene after committing the double murder and move freely inside
the flat.

No alternative hypothesis as against the claimed guilt of the accused or

outsiders' entry inside the
appellants' flat which could have pointed out towards the innocence of the
appellants.

false claim by attempting to shift the blame on Krishna, Vijay Mandal and
Raj Kumar by introducing 'Khukri' as a crime weapon of offence