SOME ONE DID KILL AARUSHI
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On the morning of May 16, 2008(Mon), Aarushi Talwar (May 24, 1993 - May 15, 2008), the 14-year-old daughter of a successful dentist couple, was found dead with her throat slit in her parents'home at Jalvayu Vihar in Noida, Uttar Pradesh. Suspicion immediately fell on the family's live-in man-servant, Yam Prasad Banjade alias Hemraj, a 45-yr-old Nepalese national, who was found missing from the home. Immediately declaring Hemraj as the prime suspect, the Noida police announced a reward for information leading to Hemraj's apprehension and arrest. In addition, a police party was dispatched to his hometown in Nepal, in hopes of apprehending him there. A post-mortem was conducted on Aarushi's body on May 17, 2008, after which it was cremated. Her parents took her ashes to the holy city of Haridwar for immersion in the waters of the Ganges. A retired Noida police officer, accompanying a relative of the Talwars, happened to visit the Talwars' home to express his condolences, and during his visit, detected blood stains on the stairs leading to the terrace of the flat. Following the trail of blood, Noida police detected the dead body of the missing domestic help, Hemraj, on the terrace. After a disorganised, long-drawn and completely bungled up investigation, the police finally arrested Dr. Rajesh Talwar, the father of the deceased girl, on May 23, 2008, charging him with having committed the double murder. His wife, Dr. Nupur Talwar, stoutly defended her husband, accused the Noida police of framing him, and requested Uttar Pradesh chief minister Mayawati to transfer the case to the Central Bureau of Investigation (CBI). The Central Bureau of Investigation took over the investigation into the murders of Aarushi and Hemraj on June 1, 2008, forming a 25-member team in a resolute attempt to crack the case. As soon as CBI moved in to take over the case, Uttar Pradesh chief minister Mayawati promptly gave transfer orders to senior police officers that comprised part of the Special Investigation Team (SIT) that had previously been in charge of the investigation, including the Noida Senior Superintendent of Police, Satish Ganesh, and Meerut Inspector General, Gurdarshan Singh. In addition, the deputation of CBI officer Arun Kumar, formerly a member of the Uttar Pradesh Police, who was in charge of the investigation also ended in July, 2008 CBI investigators charged the Noida police with a shoddy investigation, which, it claimed, had resulted in the destruction of 90% of the evidence on the crime scene. Aside from not capturing the finger prints on the whisky bottles in Hemraj's room, the police allowed the media to freely roam the crime scene rather than preventing access to the flat. In addition, the police allowed doctors, not specifically trained in forensic pathology, to conduct the autopsies of Hemraj and Aarushi. While it is established procedure to lift fingerprints (of both murderers and victims) from the skin of the victims.[8] the doctors entrusted with the autopsies neglected to call forensic scientists to lift said fingerprints from the cadavers. On August 11, 2008, the CBI reported that it had evidence pointing to the presence of a fifth person in the house at the time of the murders, as finger prints not matching any of the suspects or occupants of the house were found on the whisky bottles. Arushi Talwar was murdered, the Central Bureau of Investigation (CBI), which took over the case a fortnight ago, isn’t the only one questioning the investigation of the Noida police. Now experts at the All India Institute of Medical Sciences (AIIMS), who are working closely with the CBI, have raised questions over one entry in Arushi’s post mortem report. The report, dated May 16 and prepared by Sunil Dore for the Noida police, mentions “whitish discharge” from the vagina which AIIMS doctors say wasn’t investigated. They have raised this issue with the CBI. “It is the duty of the doctors and the investigating officer to collect all biological evidence. As per law, it is mandatory to write about it in the post mortem report which is legal evidence. But in this case no further investigation was done on the evidence that they got from natural orifices,” Sudhir Gupta, associate professor, forensic medicine, AIIMS, told The Indian Express. Gupta is one of the doctors in the team scrutinising the post mortem report. The post mortem report says that various organs including stomach with contents, samples from small intestine, gall bladder, spleen and one kidney were preserved, sealed and sent for examination to rule out poisoning. “However, the report doesn’t mention whether a vaginal swab was sent for further investigation,” said Gupta. “The whitish discharge could be attributed to several causes, from a fungal infection, common at this age, to even sexual assault. But in a murder case, this was a serious biological finding which required deliberation. No such type of biological evidence was collected and sealed by the doctor who prepared the autopsy,” he added.
On July 10, 2008,A news report on some TV channels suggested that CBI had some breakthrough on Rajkumar as the culprit and had confessed during narco-analysis test. He was learned to have committed this along with Krishna, Sambhu and allegedly Hemraj also. The reason told by him was lust and killing Hemraj for fear that Hemraj might have disclosed information.
On July 11, 2008 Vijay Mandal (alias Sambhu) the servant one of the neighbors of the Talwars was arrested by the CBI. Arun Kumar, Joint Director CBI, held a press conference. In the press conference he stated that the CBI was awaiting DNA matching of washed blood stains on Rajkumar's T-shirts. He confirmed the affirmation that the CBI still considered a blind case. He expressed hope that the case will be fully solved very soon and thereafter another press conference will be called. Dr. Rajesh Talwar and Krishna both appeared before special CBI court, Ghaziabad to seek bail. Their petitioned were heard and Dr. Rajesh Talwar has been decided to be released on bail, as the CBI had no evidence against him as of now. Eminent criminal lawyer R. K. Anand undertook to defend Krishna. CBI now tentatively believes some two or three domestic helps and Krishna to be the prime suspects. However, CBI just has forensic evidence which is not admissible as evidence in the court. Still, there is no recovery of the weapon of murder and the two cellphones respectively of Aarushi and Hemraj.
On July 12, 2008 Dr. Rajesh Talwar has been freed on bail from the Dasna Jail in Ghaziabad. The news of his release brought back widespread media attention to the case. Channels did all kinds of clever programing to compete for the attention of frenzied channel surfing TV viewers. Vijay Mandal was sent to 3-days' CBI custody by the court of additional chief judicial magistrate Dinesh Kumar in Ghaziabad [10]. Vijay Mandal has been accused under 302, 201, 120(B) of the Indian Penal Code (IPC).
On July 15, 2008Vijay Mandal's police custody extended for four more days [11]. The CBI expected to find the murder weapon and the cellphones of Aarushi and Hemraj with Mandal's help.
On July 16, 2008 An association of Nepalese citizens alleged that Krishna and Rajkumar were being pressurized to come out with confessional statements[12].
On July 18, 2008,CBI has not seized any evidence and is yet to receive crucial forensic report on accused Rajkumar, according to media reports. It has weakened of the case against the three in the CBI net — Krishna, Rajkumar and Vijay Mandal. The CBI claimed near closing of the case even when preliminary reports from Hyderabad's Centre for DNA Fingerprinting and Diagnostics, according to media reports [13], suggested that identifying the blood on the T-shirt "may or may not be possible"; separating DNA from garment after a lapse of two months is not always possible, because of the disintegration of the red blood cells on the cloth.
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