Aarushi murder case: SC rejects Talwars plea for test reports

CBI had opposed the plea saying the findings of such tests cannot be admissible as evidence

The Supreme Court today rejected the plea of dentist couple Rajesh and Nupur Talwar seeking the reports of polygraph, narco-analysis and brain-mapping test conducted on their three helpers who were the initial accused in the murder of their teenaged daughter Aarushi.

A bench of justices B S Chauhan and S A Bobde turned down the plea of Talwar' couple, who are facing trial for allegedly killing their daughter, that the reports sought by them were essential to defend themselves.

The Talwars had approached the apex court challenging the order of the trial court and the Allahabad High Court dismissing their plea for a direction to the CBI to produce the reports of tests carried out on Raj Kumar, Vijay Mandal and Krishna in the trial court.

The apex court, however, said there was no reason to interfere with the high court order.

Pleading for scientific records to be taken on record by the trial court, the accused had submitted that such tests were conducted on the couple which extinguished any possibility of their involvement in the crime but the tests done on their servants suggested the possibility of their involvement.

Their plea was opposed by CBI which said the findings of such tests cannot be admissible as evidence and the couple filed different applications in various courts just to prolong the proceedings in the lower court and the trial judge hearing the case is retiring in November.

Aarushi was found dead with her throat slit in her bedroom on May 16, 2008. The initial suspicion was on Hemraj whose body was later found on the terrace at their residence in Jalvayu Vihar in Noida on the outskirts of Delhi.

The CBI's case is that the murder of 14-year-old Aarushi five years ago was carried out by her parents and that no outsider was present.

The High Court, while dismissing their plea on narco-analysis and brain mapping test reports, however accepted their plea to have the sound simulation test report produced before the trial court.

The test was conducted by CBI on the issue of how the Talwars could not hear anything when the murders were taking place.

The CBI Sessions court in Ghaziabad, where the trial is going on, had rejected these applications on June 18.