Aarushi Talwar Murder Case: Allahabad High Court Verdict on Conviction of Parents Today

Agencies
October 12, 2017

New Delhi, Oct 12: Five years after 14-year-old Aarushi Talwar and domestic help Hemraj were found murdered, Special CBI Judge S Lal held Aarushi’s parents Rajesh and Nupur Talwar guilty of murder and conspiracy. Nine years since the 2008 double murder that shook the nation, the Allahabad High Court is likely to pronounce its judgment on the conviction of the Talwars on Thursday.

Judge S Lal’s order failed to bring a closure to the case and public opinion remains divided, even after five years of the conviction. Now, it is to be seen whether the High Court is able to answer the questions that shroud the most mysterious murder case that India has seen in recent times.

The dentist couple had then appealed against the CBI Court order at the Allahabad High Court.

In his 210 page order, Judge Shyam Lal relied on circumstantial evidence to hold the Talwars guilty. The most controversial part of his order was putting the onus on the Talwars of proving their innocence. The Indian legal system holds an accused innocent until proven guilty, however, the judge relied on Section 114 and 106 of the Evidence Act to hold the Talwars guilty unless they can prove their innocence.

Section 114 of the Evidence Act:

Court may presume existence of certain facts: The court may presume the existence of any fact which it thinks is likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.

Section 106 Indian Evidence Act:

Burden of proving fact especially within knowledge: When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Using these two sections and relying on 26 circumstances, Judge Lal said that there were four people at L-32, Jalvayu Vihar, Noida Sector 25, on the intervening night of May 15-16, 2008. Two of them were dead. Evidence proves that there was no forceful entry. So the onus is on the Talwar couple to prove that they are not guilty of the murders.

“From the evidence as tendered by the prosecution in the form of oral and documentary evidence, this court reaches the irresistible and impeccable conclusion that only the accused persons are responsible for committing this ghastly crime,” Judge Lal had said pronouncing the Talwars guilty.

Denying the benefit of doubt to the Talwars in the absence of direct and forensic evidence, Judge Lal said, “Proof does not mean proof to rigid mathematical demonstration, because that is impossible; it must mean such evidence as would induce a reasonable man to come to a particular conclusion.” Lal was quoting Lord Fletcher Moulton.

He went on to say, “Law gives absolute discretion to the court to presume the existence of any fact which it thinks likely to have happened. Presumption is an inference of a certain fact drawn from other proved facts.”

Many have questioned this interpretation of the law by the CBI Judge and still there are several unanswered regarding the motive, murder weapon and chain of criminal conspiracy.

Judge Lal cited the pillow cover recovered from Aarushi’s room, with Hemraj’s DNA, as evidence to support the prosecution theory on the murder motive. It suggested that Rajesh Talwar had seen Hemraj and Aarushi together in her room and in a fit of rage hit Aarushi, killing her accidentally and then killing Hemraj in cold blood.

There is no clear evidence to support the above theory but Judge Lal supported the prosecution and said, “It has been held that where a credible evidence exists on record to establish guilt of the accused, it is not necessary to look for a motive. The absence of a motive would not in any manner destabilize the prosecution case, or hamper a conviction.”

“Proof of motive in a case based on circumstantial evidence is of no consequence when evidence is strong and circumstances speak loudly, boldly and clearly,” Judge Lal had said.

Regarding the murder weapon, the prosecution alleged that a golf club belonging to Rajesh Talwar was used for the murder. This was handed over to CBI days after the murder and the investigating agency alleged that this was cleaned up to remove all possible evidence. Judge Lal dealt with the question of the golf club extensively and accepted the prosecution theory, even though the defense lawyers raised questions on the veracity of the CBI claim.

Most importantly, Judge S Lal cited 26 circumstances that proved beyond reasonable doubt that Dr Rajesha and Nupur Talwar not only murdered Aarushi and Hemraj, but also conspired to destroy evidence.

Judge Lal’s observations included the couple’s failure in explaining how anyone could have entered Aarushi’s room when the door was locked from outside and the keys were with the Talwars.

The dressing up of the crime scene, the ‘no outsider’ theory, have all been held against the Talwars by the CBI court. But this is a case where the CBI filed a closure report despite a lack of foolproof evidence.

Thursday’s ruling will see if the Allahabad High Court finds Judge Lal’s reasoning substantial.

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News Network
November 30,2025

The United Nations Committee against Torture (CAT) has condemned the Israeli regime for enforcing a policy of “organized torture” against Palestinians.

In a report published on Friday, CAT stated that the occupying regime enforces a deliberate policy of “organized and widespread torture and ill-treatment” against Palestinian abductees, particularly since October 7, 2023, when Israel launched its genocidal war on Gaza.

The committee expressed “deep concern over repeated severe beatings, dog attacks, electrocution, water-boarding, use of prolonged stress positions [and] sexual violence” inflicted on Palestinians.

Palestinian prisoners were degraded by “being made to act like animals or being urinated on,” systematically denied medical care, and subjected to excessive restraints, “in some cases resulting in amputation,” the report added.

CAT also condemned the routine application of “unlawful combatants law” to justify the prolonged detention without trial of thousands of Palestinian men, women, and children.

More than 10,000 Palestinians, including women and children, are currently held in Israeli prisons, according to Palestinian and international human rights groups, with 3,474 Palestinians in “administrative detention,” meaning they are imprisoned without trial for indefinite periods.

The report highlighted the “high proportion of children who are currently detained without charge or on remand,” noting that while Israel sets the age of criminal responsibility at 12, even younger children have been abducted.

Children designated as security prisoners face severe restrictions on family contact, may be subjected to solitary confinement, and are denied access to education, in clear violation of international law.

The committee further suggested that Israel’s policies across the Occupied Territories constitute collective torture against the Palestinian population.

“A range of policies adopted by Israel in the course of its continued unlawful presence in the Occupied Palestinian Territory amounts to cruel, inhuman or degrading living conditions for the Palestinian population,” the report said.

On Thursday, the Palestinian resistance movement Hamas condemned the systematic killing and torture of Palestinian abductees in Israeli prisons, urging international action to halt these abuses.

Citing human rights data, Hamas stated that 94 Palestinians have been killed in Israeli prisons since the start of Tel Aviv’s genocidal war on Gaza.

“This reflects an organized criminal approach that has turned these prisons into direct killing grounds to eliminate our people,” the resistance movement said.

Hamas called on the international community, the UN, and human rights organizations to immediately pressure Israel to end crimes against prisoners and uphold their rights as guaranteed by all international conventions and norms.

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News Network
December 4,2025

indigoflight.jpg

Domestic carrier IndiGo has cancelled over 180 flights from three major airports — Mumbai, Delhi and Bengaluru — on Thursday, December 4, as the airline struggles to secure the required crew to operate its flights in the wake of new flight-duty and rest-period norms for pilots.

While the number of cancellations at Mumbai airport stands at 86 (41 arrivals and 45 departures) for the day, at Bengaluru, 73 flights have been cancelled, including 41 arrivals, according to a PTI report that quoted sources.

"IndiGo cancelled over 180 flights on Thursday at three airports-Mumbai, Delhi and Bengaluru," the source told the news agency.

Besides, it had cancelled as many as 33 flights at Delhi airport for Thursday, the source said, adding, "The number of cancellations is expected to be higher by the end of the day."

The Gurugram-based airline's On-Time Performance (OTP) nosedived to 19.7 per cent at six key airports — Delhi, Mumbai, Chennai, Kolkata, Bengaluru and Hyderabad — on December 3, as it struggled to get the required crew to operate its services, down from almost half of December 2, when it was 35 per cent.

"IndiGo has been facing acute crew shortage since the implementation of the second phase of the FDTL (Flight Duty Time Limitations) norms, leading to cancellations and huge delays in its operations across the airports," a source had told PTI on Wednesday.

Chaos continued at several major airports for the third day on Thursday because of the cancellations.

A spokesperson for the Kempegowda International Airport (KIA) in Bengaluru said that 73 IndiGo flights had been cancelled on Thursday.

At least 150 flights were cancelled and dozens of others delayed on Wednesday, airport sources said, leaving thousands of travellers stranded, according to news agency Reuters.

The Directorate General of Civil Aviation (DGCA) has said it is investigating IndiGo flight disruptions and has asked the airline to submit the reasons for the current situation, as well as its plans to reduce flight cancellations and delays.

It may be mentioned here that the pilots' body, Federation of Indian Pilots (FIP), has alleged that IndiGo, despite getting a two-year preparatory window before the full implementation of new flight duty and rest period norms for cockpit crew, "inexplicably" adopted a "hiring freeze".

The FIP said it has urged the safety regulator, the DGCA, not to approve airlines' seasonal flight schedules unless they have adequate staff to operate their services "safely and reliably" in accordance with the New Flight Duty Time Limitations (FDTL) norms.

In a letter to the DGCA late on Wednesday, the FIP urged the DGCA to consider re-evaluating and reallocating slots to other airlines, which have the capacity to operate them without disruption during the peak holiday and fog season if IndiGo continues to "fail in delivering on its commitments to passengers due to its own avoidable staffing shortages."

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News Network
December 4,2025

Udupi: A 40-year-old NRI from Udupi has reportedly lost more than Rs 12.25 lakh in an online investment scam operated through Telegram.

According to a complaint filed at the CEN police station, Leo Jerome Mendonsa, who has been working in Dubai for the past 15 years in computer accessories sales, maintains NRI accounts in Karkala and Nitte.

On November 12, 2025, Mendonsa was added to a Telegram group called Instaflow Earnings by unknown individuals. Users identified as Priya and Dipannita persuaded him to invest in “Revenue Tasks.” Initially, Mendonsa transferred Rs 1,100 multiple times and received the promised returns, encouraging him to continue.

On November 14, another user, Nishmitha Shetty, directed him to register on a website, digitvisionuoce.cc, and invest Rs 4 lakh in various shares. Over the next few days, he made multiple transfers totaling Rs 12,25,000, including Rs 50,000 via Google Pay, believing the scheme was legitimate.

After receiving the money, the alleged handlers stopped responding, and neither the invested amount nor the promised profits were returned.

The CEN police have registered a case under Sections 66(C) and 66(D) of the IT Act and Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), and investigations are ongoing.

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