New Delhi: The Allahabad High Court on Tuesday rejected a plea filed by the Talwars' seeking to record the statements of 14 witnesses in the Aarushi-Hemraj murder case. The Supreme Court had earlier directed Rajesh and Nupur Talwar to move the Allahabad High Court.
The Talwar couple had approached the apex court challenging the order of the special CBI court rejecting their plea for calling 14 other witnesses, including ADG (Law and Order) and the then CBI Joint Director Arun Kumar, to record their statements. The trial court had dismissed their petition on May 6 and ordered recording of statements of Rajesh and Nupur, who are the main accused.
The CBI court, which started recording the statements of the Talwars, has been recording Rajesh Talwar's statements for the past two days. Rajesh Talwar on Monday claimed in the court that he was asleep on the fateful night when his daughter Aarushi and domestic help Hemraj were murdered and internet activity recorded from his room might not be correct.
Talwar's statement is being recorded under section 313 of CrPC where the judge poses questions directly to the accused to explain his version of the circumstances. Talwar on Monday was asked about the recurrent internet activity recorded from his router on May 15 night when the murders took place.
CBI had claimed that he had used the internet at regular intervals which show he was awake and knew about happenings in Aarushi's room. Talwar told court on Tuesday that he was asleep after 11.30 pm and did not use internet.
Talwar's counsel Manoj Sisodia claimed that router was showing activity on May 16 between 6 am to 1 pm as well after all the police and investigators had reached crime scene and the computers were switched off.
The router activity on May 16 shows that there was error in its recording hence it cannot be claimed since internet activity was there so Dr Talwar would have been awake, Sisodia told reporters adding that he did not know whether Talwar explained these details to the court or not.
CBI had presented an Airtel Executive as its witness to buttress its claim that internet activity was recorded on May 15 which belies Talwars claim that he was asleep and did not know about happenings in Aarushi's adjoining room.
Talwar was also asked about post-mortem conducted on the body of Hemraj where CBI claimed that his swollen private parts indicated that the servant was indulging or about to indulge in sex just before his death.
(With additional information from PTI)