Circumstances don''t show Talwars alone were perpetrators of crime: HC

New Delhi, October 13

The Allahabad High Court has said the circumstances of the Aarushi-Hemraj murder case on being collectively considered did not lead to the “irresistible conclusion” that Nupur and Rajesh Talwar alone were the perpetrators of the crime in question.

The Talwars had filed appeals in the high court against the November 28, 2013, trial court order sentencing them to life for the murders of their 14-year-old daughter Aarushi and 45-year-old domestic help Hemraj in May 2008.

In their 273-page verdict, justices B K Narayana and A K Mishra said in view of the principles propounded by the Supreme Court they were adopting the view favourable to the Talwars, who are both dentists.

They quoted an apex court ruling that underlined “graver the crime, greater should be the standard of proof”.

The high court said, “The circumstances of this case upon being collectively considered do not lead to the irresistible conclusion that the appellants alone are the perpetrators of crime in question and on the evidence adduced in this case certainly two views are possible; one pointing to the guilt of the appellants; and the other to their innocence and in view of the principles expounded by the apex court in the case of Kali Ram (supra), we propose to adopt the view which is favourable to the appellants,” the high court said.

“We hold that the prosecution has failed to prove its case against the accused appellants beyond all reasonable doubts,” it said, adding the life sentence awarded to the couple by Ghaziabad CBI special court judge Shyam Lal could not be sustained.

The court said the dentist duo was acquitted of all charges, including that of murder and common intention, framed against them.

The judgement was pronounced in open court by justices Narayana and Mishra yesterday and a copy of the verdict was uploaded on the court website today. — PTI