Shaky ground

The guilty verdict handed out by a Special CBI Court to Rajesh and Nupur Talwar for the murder of their daughter Aarushi and domestic help Hemraj marks the end of just another chapter, and not the closure of this horrifying saga.

Besides murder, the Talwars have been found guilty of destruction of evidence and misleading the investigators. The couple will be appealing against the verdict, which means the case will see another trial. If the guilty verdict raises several questions this is because it is based on circumstantial rather than any material evidence. The prosecution built up its case on the theory that the victims were last seen with the Talwars and hence must have been murdered by them. Besides, it argued that on the night of the murder, there were only four people inside the Talwar residence. Since there were no signs of forced entry into the house, the murders were committed by the two who were alive – Nupur and Rajesh. While details of the evidence on which the verdict was based are awaited, many will wonder whether the Talwars are being made to pay for the incompetence of the investigating agencies.

The case has gone through bewildering twists and turns. When Arushi’s body was discovered, Hemraj was the prime suspect. Then his body was found and he turned victim. Rajesh was then arrested, only to be freed a few days later. Three domestic servants were taken into custody and then freed. If the ‘prime accused’ changed rapidly over the months, so did the investigators, with one bungling team following another. At one point, the CBI team even closed the case for want of evidence. The verdict leaves one wondering why the Talwars - if they were the murderers – wanted the case reopened.

If the verdict leaves one uneasy, this is because investigations into the murder did not inspire complete confidence. Had evidence been diligently collected and the crime scene not allowed to be contaminated, a solid case could have been made on material evidence. No doubts would have clouded the verdict then. Neither was the CBI trial fair. The Talwars were not allowed the witnesses they wanted. Their request for the blood found on the terrace to be sent for advanced forensic testing abroad – Indian forensics were unable to decipher it apparently  -- was not conceded.  The Allahabad high court must ensure a fair trial. If the Talwars are then found guilty, it will be justice done.