Aarushi-Hemraj Murder-HC says trial judge acted like 'film director'

Aarushi-Hemraj Murder-HC says trial judge acted like 'film director'
Allahabad high court, which had on Thursday acquitted, the Talwar couple in the murder of their daughter Aarushi and Hemraj, said that the CBI judge, who had sentenced the couple to life imprisonment in the matter four years back, had acted like a ‘’film director’’ and assumed ‘’fictional animation of the incident’’
 
‘’The trial judge has aberrated and by dint of fallacious analogy and reasoning has surprisingly assumed fictional animation of the incident as to what actually took place inside and outside the Flat L 32 Jalvayu Vihar’’, justice A.K.Mishra on of the two judges on the bench said.
 
‘’He (trial judge) has tried to give live and colourful description of the incident in question and the whole genesis of the offence was grounded on fact that both the deceased Hemraj and Arushi were seen by Dr. Rajesh Talwar in fla-grante and thereafter like a film Director, the trial Judge has tried to thrust coherence amongst facts inalienably scattered here and there but not giving any coherence to the idea as to what in fact happened,’’ he said.
 
He said that the trial Judge ‘’took evidence and the circumstances of the case for granted and tried to solve it like a mathematical puzzle…when one solves a given question and then takes something for granted in order to solve that puzzle and question’’.
 
‘’But the point is that the learned trial Judge cannot act like a maths teacher, who is solving a mathematical question by analogy after taking certain figure for granted…..in all criminal trials, analogies must be drawn and confined within the domain and realm of the evidence, facts and circumstances on record and any analogy which brings facts, circumstances and evidence so placed in certain domain outside the periphery of that domain then that would be a case of certain aberration deviating from the main path,’’ he remarked.
 
‘’It appears that the trial Judge was unaware of the solemn duty cast by the law as the Judge and has dealt with the entire case in style – a finesse,’’ Justice Mishra said.

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