Aarushi murder case: Verdict leaves many questions unanswered, say legal eagles

NEW DELHI: Legal experts gave a mixed reaction to the Allahabad high court verdict acquitting Dr Rajesh Talwar and his wife, Nupur, giving them the benefit of doubt .
Eminent lawyer KTS Tulsi pointed out that there has been no explanation for the crime scene being tampered with. “Why were the police stopped from entering? The high court, however, has given them the benefit of doubt. The murder will remain a mystery because questions such as how the body (Hemraj) landed on the terrace have remained unanswered,” said the senior lawyer.
Watch: Timeline of the Aarushi murder case
The senior lawyer felt a deliberate attempt had been made to push the investigation in a wrong direction and the police should have carried out the investigation properly and independently.
The verdict did not surprise senior advocate and additional solicitor general (ASG) Pinky Anand. “All said and done, there is sympathy for the Talwars. We should look at circumstantial evidence being enough for indictment,” she said. Though criminal jurisprudence demands direct evidence, the chargesheet had indicted the Talwars on the basis of circumstantial evidence. “There were only four people in the house and there was no outside entry,” she added.

Aarushi Talwar murder trial: How it unfolded
She said the fact that an investigation is faulty should not be enough to acquit the accused. “The CBI closure report was one of the most damaging pieces for the case. On the face of it, it is compassion which has ruled the roost,” she told TOI.
According to criminal lawyer and Rajya Sabha MP Majeed Memon, benefit of doubt was extended to Talwars as it is the mandate of the law. “On this principle, the parents of Aarushi have been let off. However, it cannot be disputed that young Aarushi had sustained several brutal injuries by means of a sharp weapon. It is a homicidal death and, therefore, there is one or more assailants who inflicted these injuries on the young girl,” he said. So, who killed Aarushi if the parents were admittedly present in the premises at the relevant time? Memon pointed out that the case was a striking example of failure of justice because the culprit or the culprits were still at large.