Bhartiya No. 1 (Nationalist) 30 December 2010

Failure of CBI in Aarushi Murder Case????

No evidence available to pursue matter, agency informs court
CBI closes Aarushi double murder case
Ghaziabad (UP), Dec 29, (PTI):
The CBI on Wednesday filed a closure report in the Aarushi double murder case before a court on the ground that there was no available evidence at the crime scene to pursue the probe, meeting a dead-end in the case that shook the country over two years back.

After a detailed two-and-a-half-year probe marked by botched up investigations, the CBI said it found it impossible to reach any plausible conclusion because of lack of concrete forensic evidence at the crime scene to nail the culprits. Hence, it decided to close the case. The designated court will fix the date for taking cognizance of the closure report filed by the CBI. If accepted, the three suspects—Raj Kumar, Vijay Mandal and Krishna—will be set free. They are out on bail now. The Talwar family has decided to file an appeal against the closure report. Parents outraged The CBI move sparked outrage among Aarushi’s parents—a dentist couple—and her family. “I am completely shocked. We tried everything. We underwent all tests so that there is no scope for any speculation and despite this filing of closure report by the CBI is shocking,” Aarushi’s mother Nupur said. Aarushi’s father Rajesh Talwar said he is completely devastated and wondered what prompted the CBI to close the case. When asked whether the family will file an appeal in the case, their lawyer Rebbecca John said, “Of course. We will.” Aarushi Talwar was murdered in the intervening night of May15-16 in 2008 along with their domestic help Hemraj, whose body lay on the terrace. Forensic experts involved in the case said that crucial evidence had been destroyed allegedly by the probe agency and accused the CBI of cover-up. Evidence tampered “They had sent us some blood-stained bedsheets from the bed of the victims. Using that and the blood of the parents of the Aarushi, we were able to establish that the blood stains were indeed that of the girl. We were also sent some slides which were the v*ginal swabs taken from the victim to check whether there was sxual assault. What came out was surprising that they were not of the victim. It has been very clear that a swap has taken place and that was something we had communicated to the CBI. That indicated that there were some interests in ensuring that evidence has been tampered with,” said Dr J Gowrishankar, Director, Centre for DNA Fingerprinting and Diagnostics, Hyderabad. Doubts over probe The forensic expert also raised doubts over the investigations handled first by the Uttar Pradesh police before handing it over to the CBI. The Uttar Pradesh Police which started investigations in the murder teenaged daughter of dentist couple—Rajesh and Nupur Talwar—suspected domestic help Hemraj for the killing and dispatched a team to Nepal to nab him. But these claims fell flat as an acquaintance of Talwars found a trail of blood to terrace next day where Hemraj’s body was found lying in a dried blood. The shoddy probe by the Police evoked sharp media frenzy and triggered demands of the CBI probe as the state police levelled allegations of honour killing against the father and arrested him for the murder of his daughter Aarushi and domestic Hemraj. The Centre which was reluctant to hand over probe to the CBI gave its nod after a fortnight and investigations started under Joint Director Arun Kumar on June 1, 2008. Immediately, a 25-member team with senior forensic officials was rushed to the Jalwayu Vihar residence which was the crime scene. No lead The CBI arrested domestic help of Talwar’s compounder Krishna, domestic help of their neighbour Mandal and Rajkumar, the domestic help of Durranis— friends of Talwars. All the five suspects, including the parents of Aarushi, were subjected to detailed questioning, narco-analysis, brain mapping and lie detector test but the agency could not find any lead which could help them in concluding the case. On July 11, 2008, the CBI claimed that there was not even a shred of evidence to suggest that the murder was committed by the parents. Subsequently, the father was released on bail after remaining in jail for 57 days. The CBI, which was almost certain to chargesheet the three arrested helps, decided to carry out further probe after the new CBI Director, Ashwani Kumar, took charge and constituted a fresh team to look into the case. During the investigations, the new team pointed out several times to forensic experts about the distorted finger and foot prints at the crime scene in the case. A year later, the CBI claimed that the DNA samples of Aarushi were tampered with or not taken properly by the examining doctor when the case was in the domain of local police.

https://www.deccanherald.com/content/124675/cbi-closes-aarushi-double-murder.html

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Bhartiya No. 1 (Nationalist) 30 December 2010

Aarushi's parents to appeal against CBI closure report
New Delhi, Dec 29, PTI:
The parents of teenager Aarushi Talwar, who was murdered about two and half year ago, have decided to file appeal against the case closure report filed by CBI.

Questioned whether they will file an appeal in the case, the parents' lawyer Rebbecca John said "of course we will." "This is not the last and final as far as we are concerned. We are the complainants in the case. They (parents) are being left in no position to even ask for the actual killer of their dead daughter being brought to book because of the manner in which their rights were compromised," she said. Slained Aarushi's mother Nupur Talwar expressed shock over the closure report filed by the agency. "I am completely shocked. We tried everything. We underwent all tests so that there is no scope for any speculation and despite this filing of closure report by CBI is shocking," Nupur said. A forensic expert involved in the case said crucial evidence were destroyed allegedly by the probe agency and accused CBI of cover-up. "They had sent us some blood-stained bedsheets from the bed of the victims. Using that and the blood of the parents of the Aarushi, we were able to establish that the blood stains were indeed that of the girl... "We were also sent some slides which were the v*ginal swabs taken from the victim to check whether there was sxual assault. What came out was surprising: that they were not of the victim. That has been a very clear case of swapped that has taken place and that was something we had communicated to CBI. That indicated that there were some interest in ensuring that evidence has been tampered with," said Dr J Gowrishankar, Director, Centre for DNA Fingerprinting and Diagnostics, Hyderabad. The forensic expert also raised doubts over the investigations handled first by Uttar Pradesh police before handing it over to CBI. "There was one law enforcement agency before it could be transferred to CBI...In all crime-related cases, there was something called chain of custody, which should be maintained and that was broken. That gave certain indication that vested interest was involved," he added. CBI today filed its closure report in a special court in Ghaziabad in the two-and-a-half-year-old Aarushi murder case in which a teenager and her domestic help were killed at their residence. 14-year-old daughter of dentist couple Rajesh Talwar and Nupur was found dead with her throat slit at their house at Jalwayu Vihar at Noida on May 16, 2008. CBI had arrested the three suspects -- Raj Kumar, Vijay Mandal and Krishna -- in the case. Defence Counsel Naresh Yadav expressed unhappiness over the closure report and accused CBI of shielding the accused. "CBI is acting under the influence of certain politicians and wealthy people. CBI knows about the accused involved in the case. Since they (accused) are well off, they are trying to save them. The closure report is also filed in connivance with them," Yadav claimed. https://www.deccanherald.com/content/124708/aarushis-parents-appeal-against-cbi.html

Bhartiya No. 1 (Nationalist) 30 December 2010

This is a biggest jolt to the Image of Premier Investigation Agency.

Is CBI excel in Political cases only?

Avnish Kaur (Consultant) 02 January 2011

wat wud CBI do IN CASE her parents had murdered her and destroyed all evidence including the sole eyewitness to her murder. very high profile ppl are involved in this case and this is failure of system and evidence tampering by high profile people rather than failure of CBI.

Bhartiya No. 1 (Nationalist) 03 January 2011

Avnishji it is true that her parents had murdered her and destroyed all evidence including the sole eyewitness to her murder. very high profile ppl are involved in this case and this is failure of system and evidence tampering by high profile people.

But image of CBI is at stake, since it is the sole premier Investigation agency.

Either they should not take up the case or must come to the conclusion.

Avnish Kaur (Consultant) 03 January 2011

it is well known to everyone wat happened , who did not allow full investigations, who interfered with post-mortem report, but cbi was given this case at a later stage and for evidence to prosecute murderers solid reports are required.

murderers have fully destroyed those evidences, and in indian criminal code they cannot prove anything. murderers overnite destroted all evidences fully. CBI cannot be blamed for total destruction of evidence by UP police on instruction from top political leaders of UP.