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Aarushi Verdict

Trial Judge Cannot Act Like Math Teacher Solving Mathematical Question By Analogy, Says High Court In Aarushi Murder Case

While reflecting upon the style and approach of the trial Judge, who awarded the life sentence, Justice Amit Kumar Mishra said that "the learned Judge has prejudged things in his own fashion".

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Trial Judge Cannot Act Like Math Teacher Solving Mathematical Question By Analogy, Says High Court In Aarushi Murder Case
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Trial Judge Cannot Act Like Math Teacher Solving Mathematical Question By Analogy, Says High Court In Aarushi Murder Case
outlookindia.com
2017-10-13T12:20:55+05:30
The Allahabad High Court that set free the parents Rajesh and Nupur Talwar ending a nine-year-long battle in Aarushi Talwar- Hemraj double murder case, came down heavily on the trial court's judgement covincting the two in 2013.
 
While reflecting upon the style and approach of the trial Judge, who awarded the life sentence, Justice Amit Kumar Mishra said that "the learned Judge has prejudged things in his own fashion".

"...basing the finding of conviction without caring to see that it being a case based on circumstantial evidence things cannot be presumed and stuffed in a manner like the present one by adhering to self-created postulates then to roam inside the circle with all fanciful whim", read the verdict. 

Adding that the judge who delivered the conviction had "aberrated", Justice Mishra said : "The learned trial Judge cannot act like a math teacher who is solving a mathematical question by analogy after taking certain figure for granted... Like a film Director, the trial judge has tried to thrust coherence amongst facts inalienably scattered here and there but not giving any coherence to the idea as to what in fact happened (sic)."
 
Shyam Lal, the former special CBI court Judge who was assigned the trial of sensational Aarushi-Hemraj double murder case, delivered the judgment in November, 2013 at Ghaziabad before retiring that month.
 
Further commenting on judge Shyam Lal's extra zeal and enthusiam, the verdict said that "On the basis of self perception, the judge, adopted partial and parochial approach in giving vent to his own emotional belief and conviction and thus tried to give concrete shape to his own imagination stripped of just evaluation of evidence and facts of this case".
 
The Allahabad High Court on Thursday acquitted Nupur and Rajesh Talwar in the 2008 murder case of their 14-year-old daughter Aarushi and domestic help Hemraj, saying they could not be held guilty as per the circumstances and the evidence on record.
 
The verdict ends a nine-year ordeal of the Noida-based dentist couple who were found guilty by a Ghaziabad CBI court on November 26, 2013 and were serving life sentence in Dasna jail.
 
The Talwars, who are both dentists, are expected to be freed today from Ghaziabad's Dasna jail after the completion of paperwork. The CBI did not immediately say if it would appeal against the high court judgement. It said it would study the order and decide the future course of action.

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