Ghaziabad: Rajesh Talwar and his wife Nupur will be tried for the murder of their 14-year-old daughter Aarushi and domestic help Hemraj, a Ghaziabad court, hearing the double murder case, said on Thursday. The accused dentist couple will also be tried for the destruction of evidence. Aarushi's father Rajesh will be tried for misleading investigators in the Aarushi-Hemraj case.
The charges will be framed formally on Friday. The lawyers for the CBI and the Talwars concluded their submissions on May 23. While Aarushi's father Rajesh Talwar is presently out on bail, her mother Nupur has been lodged in Dasna jail.
Reacting to the court's order, Talwars' lawyer Rebecca John said, "The CBI never made any murder charges against Talwars in its closure report." She said it's unfortunate that the parents have to prove their innocence now.
"No one has any answer to what evidences the Talwars have destroyed," said Rebecca.
During the arguments on the framing of charges, the CBI had asked for Sections 302, 201, 203, 34 of the Indian Penal Code to be applied. These include charges of murder, false FIR, destruction of evidence and misleading the court and the probe.
The CBI had claimed the Talwars' maid, the guard and driver corroborate their 'last scene theory' according to which there were four people living in the house and there was no sign of a fifth person's entry at the time of the murders. The CBI counsel had said, "Four people were there, two died and two were left. When a murder takes place in a closed house and two are dead, then the onus shifts on those who are alive."
The CBI had also claimed that Aarushi and Hemraj's injuries were identical. "The golf stick recovered from the house matches the injury. The Talwars refused to identify Hemraj's body and gave false information regarding the crime scene," the CBI counsel said.
The Talwars' counsel had, however, claimed there was no direct evidence to prove the charges that the CBI claimed against the Talwars.
The CBI had also told the court in Ghaziabad that Rajesh and Nupur killed Aarushi and Hemraj in a fit of rage after finding them in a compromising position, a claim strongly refuted by the dentist couple.
Talwars had contested CBI's claim, saying sex is no big deal in elite society and does not entail murders.
Aarushi was found dead with her throat slit at her Noida residence on May 16, 2008 and the body of Hemraj was recovered from the terrace a day later.