New Delhi: The dentist couple, convicted for the murder of their 14-year-old daughter Aarushi Talwar and their domestic help Hemraj, is now planning to move the Allahabad High Court against the trial court order.
The defence which holds the conviction as “erroneous” argues that the order was based mainly on assumptions and selective distorted facts of the CBI.
They intend to move the HC on the ground that there was no direct evidence to prove the involvement of the Talwars in the sensational double murder mystery.
“The burden of evidence was put on the defence. Under the law, the burden of the evidence solely lies with the prosecution. We respect the judgement, but we have strong reservations about it,” defence lawyer Tanveer told this newspaper.
Vowing to continue their fight for justice, Talwar’s family members emerging from the courtroom in visibly distressed state urged the media persons to give them space to compose themselves. “It is too sad, I don’t have any words to express it,” said one of the Talwar’s family friends.
“I am very sad that we did not get justice in this court…This is a grave miscarriage of justice,” a visibly emotional Dinesh Talwar told this newspaper.
A section of the lawyers had a different view. “The direct evidence or accounts of witnessess can be fabricated. But the circumstantial evidence can never be wrong,” lawyer Naresh Yadav said. The prosecution said that the case was based on circumstantial evidence.
“This is a case based on circumstantial evidence and the investigating officer was able to connect the links,” CBI lawyer R.K. Saini said.
Following the conviction at the trial court, some legal experts pointed out that the IPC clearly states that any person convicted with murder charge could be sentenced to life imprisonment. And in the rarest of rare cases, the convict could be awarded with death penalty.
