The Supreme Court today issued notice in the appeal filed against Allahabad High Court verdict challenging the acquittal of Aarushi Talwar’s parents, Rajesh and Nupur Talwar..They were convicted in November 2013 by a CBI court at Ghaziabad for the double murder of their daughter and their domestic help, Hemraj. The couple was sentenced to life imprisonment..The Allahabad High Court had acquitted Rajesh and Nupur Talwar whereupon Hemraj’s widow Khumkala Banjade moved the Supreme Court challenging the acquittal..A Bench of Justices Ranjan Gogoi and R Banumathi today issued notice. The Court also called for the records available with the trial court for their perusal..Advocate Raj Kamal appeared and argued for Banjade. It was his submission that the verdict of the High Court suffers from substantial errors of law and is based on an erroneous appreciation of evidence..It was the contention of the petitioner that the High Court erred by not appreciating the discoveries made by the Trial Court. The petitioner has further contended that the Court also failed to consider crucial pieces of evidence such as the “suspicious activity” of an internet router the night of the murder, the deposition by the witnesses, forensic test reports, recovery of weapon etc..The petitioner has also submitted that the High Court while delivering the verdict failed to take note of the judgment rendered by the trial court and thereby adopted an erroneous approach in ignoring the theory of last seen as elucidated in Nizam & Ors Vs. State of Rajasthan which has ultimately resulted in a gross miscarriage of justice..Based on the above grounds, the petitioner had sought the indulgence of the apex court to admit the matter and has prayed for setting aside of the verdict of the High Court..The Court granted leave to appeal and issued notice in the matter..Read the petition below.
The Supreme Court today issued notice in the appeal filed against Allahabad High Court verdict challenging the acquittal of Aarushi Talwar’s parents, Rajesh and Nupur Talwar..They were convicted in November 2013 by a CBI court at Ghaziabad for the double murder of their daughter and their domestic help, Hemraj. The couple was sentenced to life imprisonment..The Allahabad High Court had acquitted Rajesh and Nupur Talwar whereupon Hemraj’s widow Khumkala Banjade moved the Supreme Court challenging the acquittal..A Bench of Justices Ranjan Gogoi and R Banumathi today issued notice. The Court also called for the records available with the trial court for their perusal..Advocate Raj Kamal appeared and argued for Banjade. It was his submission that the verdict of the High Court suffers from substantial errors of law and is based on an erroneous appreciation of evidence..It was the contention of the petitioner that the High Court erred by not appreciating the discoveries made by the Trial Court. The petitioner has further contended that the Court also failed to consider crucial pieces of evidence such as the “suspicious activity” of an internet router the night of the murder, the deposition by the witnesses, forensic test reports, recovery of weapon etc..The petitioner has also submitted that the High Court while delivering the verdict failed to take note of the judgment rendered by the trial court and thereby adopted an erroneous approach in ignoring the theory of last seen as elucidated in Nizam & Ors Vs. State of Rajasthan which has ultimately resulted in a gross miscarriage of justice..Based on the above grounds, the petitioner had sought the indulgence of the apex court to admit the matter and has prayed for setting aside of the verdict of the High Court..The Court granted leave to appeal and issued notice in the matter..Read the petition below.