Arushi murder: Pointing finger at her father, CBI says its hands are tied

New Delhi:



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In the closure report filed by the Central Bureau of Investigation on Wednesday, Rajesh Talwar, father of the 14-year-old victim, Arushi Talwar, is repeatedly described as the "accused" in her murder case — the only one to be so called — along with a string of reasons why. These range from the careful manner in which the girl's body was "cleaned" and the scene "dressed up" after the murder — the toys and pillows put in their original places — to the parents' attempt to allegedly influence Arushi's post mortem.







However, the agency admits, as first reported in The Indian Express on Thursday, that the father's role may be under doubt but he was not being chargesheeted due to insufficient evidence.







The 30-page closure report states: "Sufficient evidence is not available to prove offence under Section 302 of the IPC against the accused Dr Rajesh Talwar beyond reasonable doubt."



The closure report — the designated court in Ghaziabad is still to take cognisance of it — has been divided into several sections by the CBI.







The first is an analysis of why the agency is certain that the three domestic helps, Krishna, Vijay Mandal and Raj Kumar, could not be behind the twin murders of Arushi and the family help Hemraj.







The final is a lengthy section listing the reasons that led the CBI to conclude there was a clear "involvement" of Arushi's parents in the June 2008 murders and what the agency described as the ensuing "cover-up."





Important among these is the CBI's conclusion that the Talwars tried to "influence" the contents of Arushi's post mortem.







The following is the CBI's list of reasons why the father is named as the only accused in the case:







Talwar's brother, Dinesh Talwar, made Dr Sunil Dore (the Noida doctor who conducted the post mortem) speak on the phone to a caller he said was Dr T D Dogra, head of forensics at AIIMS. Actually, Dr Dogra, one of the country's most respected forensic experts, was never even contacted







The CBI says the Talwars tried to influence the contents of Arushi's post mortem report and were very particular that the possibility of sexual assault is not mentioned in it.







Pointing finger at Arushi's father, CBI says its hands are tied







The distance between Arushi's bed and her parents' in the next room was barely 8 feet and separated by a plywood partition. The lock on Arushi's door could be opened with a key both from inside and outside. A duplicate key to her bedroom was always kept by mother Nupur Talwar



The CBI claims the scene of the crime was "dressed up" after the murder in a manner that was indicated an "insider" role. For, after the murder, her pillows and stuffed toys were placed in their original positions and the body was covered with a sheet. As reported by The Indian Express on Thursday, the CBI has ruled out an outside entry or forced entry into the 1,300 sq ft Noida apartment





Arushi's body showed signs of a "clean-up," and this included her genitals.







The body of Hemraj — his body was discovered a day after Arushi's — was not found at the precise place where he was killed. The body had been shifted around in the terrace and attempts were made to remove the bloodstains from the staircase.







When Bharti, the part-time help employed by the family, showed up, Nupur Talwar told her that Hemraj was responsible for the murder. When the UP Police arrived, the parents asked them to look for Hemraj, who they said was missing. They made no move to unlock the door to the terrace that day.







After questioning Talwar's help, the CBI concluded that the family never kept the terrace locked as was done on the night of the murders. The CBI, has, in fact, claimed that the parents "diverted" the police out of the house and unlocked the door to the terrace only the next day when the police asked them to.



When Hemraj's body was eventually located, Rajesh Talwar's first reaction was that they did not know whose body it was.







While the first expert view received by the CBI — when the helps were being booked — was that a "kukri" could have been used for the murder, a later opinion said the wound could have been caused by a golf club. The expert opinion also said the girl's throat was slit with professional precision and the CBI went to the extent of confirming that a professional dentist — as Talwar — did indeed receive basic surgical training





All data from Arushi's mobile phone had been erased when it was located 16 months after her murder. This was done by a professional, the agency says.







The golf club and golf set owned by Rajesh Talwar were not handed over to the CBI until a few months ago and the couple said they kept it in a loft in their new house and forgot about it.







A top CBI official pointed out: "What is clear is that everything was normal in the Talwar household till 12 pm, till when Dr Talwar was on his computer. What happened thereafter is known only to the Talwars. What is clear is that it was not a pre-meditated murder but without a clear motive, without eyewitnesses, a confession, recovery of the weapon and a single conclusive piece of forensic evidence, it was difficult for us to chargesheet the accused."







CBI officials said that leaving the case open would serve no purpose and that's why the closure report. As far as the touch DNA tests were concerned, the CBI said they had obtained a list of specialists who could conduct the tests in the UK but forensic experts at the Government's lab in Hyderabad said that since the samples (clothes, golf, club etc) were so badly contaminated, it would serve no purpose


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