Court orders framing of charges against Talwars
The framing of charges will take place tomorrow. The court said charges under sections 302 (murder) read with 34 (acts done by several persons in furtherance of common intention) and section 201 (causing disappearance of evidence of offence or giving false information to screen offender) read with 34 of IPC will be framed tomorrow against the couple.
Charges under section 203 (giving false information respecting an offence committed) IPC will be also be put against Rajesh. "The court agreed with the arguments of the CBI that there were four people in the house in the night and in the morning two were found dead and two were alive," CBI counsel R K Saini told reporters here.
"Another charge for filing a misleading FIR under section 203 IPC has been ordered to be framed against Rajesh and the case will commence now," he said.
Saini said the agency“s version that the dressing up of crime scene and no evidence of entry of any outsider shows that the crime was allegedly committed by these two (Rajesh and Nupur), was relied upon by the court.
"Tomorrow charges will be framed and accused will be asked whether they plead guilty or not and the date of producing evidence, i.e, beginning of trial will be given," he said.
14-year-old Aarushi was found murdered on May 16, 2008 in her bedroom in her Noida house and the body of Hemraj was found the next day from the terrace.
Arguing on behalf of Talwars yesterday, the defence counsel had refuted the prosecution case that their clients could have killed 14-year-old Aarushi and their domestic help Hemraj after having seen them in an objectionable position.
The counsel had contended that the Talwar couple were practicing doctors, had an intercaste marriage and belonged to the elite class of the society and could not have stooped to a level of provocation so as to kill their only daughter.
The defence had also refuted the CBI`s case that since there were four people in the house, the onus was on Nupur and Rajesh to explain what happened on the fateful night of May 15-16, 2008.
It had said the Talwars had gone to sleep and Hemraj had access to the entire house and could have allowed entry of outsiders who could have carried out the killings. While Rajesh is out on bail, Nupur is lodged in the Dasna jail in Ghaziabad.