Monday, November 25, 2013

Rajesh and Nupur Talwar convicted. Justice delivered?

Has the CBI succeeded in solving the flip flops of the case?

While the couples face charges of destructing evidence and murdering their Daughter and their domestic help under section 302, 203, 34 of the Indian Penal Code, the nation is still boiling with questions of whether justice has been rightfully served?

Has it been proven beyond reasonable doubt that Talwars are the murderers? Some questions that still need to be answered are:
1) You choose to wait for twenty four hours before filing the FIR and for basanti to raise hue and cry before an FIR is filled and 250 people enter the crime scene?

2)How can you romanticize the relationship between Aarushi and Hemraj? The CBI initially said there were 7 people in the house. The number has reduced to 4 people
.When two out of the four are dead, obviously it has been done by the other two. About 30% of the judgement is on assumption.

3) What about the alcohol bottles? The court says Mr. Talwar consumed the two bottles of alcohol in anxiety. There were blood stains on the bottle and they were found in Hemraj's room.

4) Hemraj's DNA was found on Krishna's pillow. The forensic committee was also under the radar.

5)Right from day one the police was under pressure but the question is why should the police give in to the prejudice of the media and succummed to the pressure of solving the case in a hurry? Of course the talwars were under the scanner but no one did the required homework.

6) As the old legal saying goes 'reasonable doubt doesn't mean fanciful doubt.' Five and a half years ago it was an honor killing case and even today it is an honor killing case. How did you say in four days that this is a case of honor killing? Forensics were lost and tampered and evidences ignored. Facts were used to fit in a pre conceived premise. Today the story and theory stands on the the fact that a thirteen year old was having an affair with a fifty year old. Thousands of people have given testaments that there was no such affair. This theory is just a figment of imagination on which the judgement has been given.

7) "Please call Nandini, Please call Anuj Arya." the pleas were rejected. Why? The affidavit was filed for confirming the corroborative evidence, stating that there were seven people in the room. Nandini and Anuj Arya were never presented before the court. . But what half of the world is asking why will the CBI fit in the case to well framed facts and theories.

8) As a law student, I was taught that the burden of proof is on the prosecution. Just the opposite happened in this case. "If it was not anyone, it had to be the parents." And the case was closed. The Talwars have confirmed that they will appeal to the higher court. The Talwars are under the radar of law. The higher courts decision might vary. The murderers could have been Talwars but how can we believe the same until it is proved beyond reasonable doubts and the case is backed up by strong evidence? Justice, in this country sounds like a far fetched cry.

9) A frenzied media and the forgotten and completely ignored question of Innocent until proven guilty? The media tr
ial prejudiced the judiciary and stereotyped this entire case. The coverage has been over the top. Excuse me for the profane language but media "screwed" this case. They not only defamed the Talwars, but also the thirteen year old Aarushi. This entire case worked on the presumption of guilt and the other side was completely ignored. I wish the media questioned CBI as much as it unquestioned Talwar. Were the loopholes in the closure report ever questioned by the media?"Honor Killing" a complete farce and a faulty presumption. Where is the evidence?

I am not supporting Talwars, neither am I vouching that they killed their daughter.I am just disheartened after this entire five and a half year long wait. At this point, like me, many are confused as to what or whom to believe? 

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