Defence finds holes in CBI theory in Aarushi case

In the Aarushi-Hemraj double murder case, defence counsel for dentist couple Rajesh and Nupur Talwar Friday found holes in an argument put forth by the Central Bureau of Investigation (CBI) about the couple using the internet after allegedly committing the murders.

The CBI had claimed that the Talwars had been awake that night after the murder, and had used the internet at 3.00 a.m. and 6.01 a.m. that morning.

In their defence, the lawyer of the Talwars, Satyaketu Singh, said the so-called "expert opinion" of the CBI about the frequent switching on and off of the internet router could have happened for four reasons: a) it could be switched on or off manually; b) a power cut might cause it to go off and come on later when power was restored; c) a connectivity problem could cause the router to flicker on and off; d) a problem in the device could also manifest as it going on or off.

To say precisely what was happening on the internet at the house, the lawyer said that the hard disk of the Talwars' computer was needed, to trace which sites they visited that night. He said the CBI did not provide him the hard disk.

He explained that he needed the router, the service provider's log, and the IP address to ascertain details of the use of the internet. These too were not provided to him.

The lawyer argued that in the absence of the inputs from the CBI, nothing conclusive could be established about the exact reason for the internet being turned on and off.

He added that the tendency may also have been noted the next day too, and that may have made a useful input for the court.

Buttressing his argument, the lawyer said that CBI Investigation Officer A.G.L. Kaul, in para 23 of his closure report, had submitted that the router's movement could not be relied upon.

The lawyer also raised doubts about the veracity of the claims of then city magistrate Sanjay Chauhan, who used to live in Greater Noida, 28 km from Noida. He had said that he visited the site and noticed blood spots on the staircases.

The then city magistrate had also claimed that he used to come for a morning walk daily from Greater Noida to Noida.

"Can an officer travel 56 km daily for a morning walk," the lawyer asked.

He said a woman police officer had contradicted the claim of seeing blood stains on the staircase, and said that she had descended the stairs from the rooftop and sat for a while on the staircase. "Why did she not notice the blood spots," the lawyer asked.

The CBI judge adjourned the court for Nov 6, 2013, to record further arguments of the defence.

Friday was the sixth day of the defence arguments.

Fourteen-year-old Aarushi, the only daughter of the Talwars, was found murdered at the family's Noida residence May 16, 2008. The body of Hemraj, a domestic help, was found the next day on the terrace of the house.