2008 Noida double murder case

On May 16, 2008, Aarushi Talwar, a 14-year-old Class IX student of Delhi Public School in Noida, and the only child of a successful dentist couple, was found dead with her throat slit in her parents' home at Jalvayu Vihar in Noida, Uttar Pradesh. Suspicion initially fell on the family's live-in manservant Hemraj, who was missing. Noida police declared him the prime suspect. However the following day, following a trail of blood in the Talwar home, police found the dead body of Hemraj on the terrace. After a disorganized investigation, the police arrested Dr. Rajesh Talwar, the father of the deceased girl on 23 May 2008, charging him with having committed the double murder. He confessed to killing Aarushi and Hemraj to the police on the night of his arrest but later retracted his confession. His wife, Dr. Nupur Talwar (Arushi Talwar’s mother, who runs a dental clinic), 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 an attempt to crack the case. Soon after the CBI took over the case, Uttar Pradesh chief minister Mayawati gave transfer orders to senior police officers who were 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.

Significance of the case

The case received nationwide attention, and has become symptomatic of what most people believe are recent unsavory tendencies in the Indian media, such as sensationalism, the urge to "overkill" and to carry out a public trial-by-media. The Union Minister for Women and Child Development, Renuka Chowdhury, condemned the police for what she called the "character assassination" of a child victim and called for a commission of legal experts to investigate whether specific legislation existed or needed to pass in order to allow filing of defamation suits against the Noida police, a government agency. In addition, the focus by 24-hour cable news on speculative aspects of the personal lives of the father and his dead daughter, and the media frenzy that compromised the privacy of the families involved in the case has caused comparisons to be made to the JonBenet Ramsey case in the United States. The case has also attracted a lot of public attention as a bizarre whodunit, with the CBI reporting that the agency had been receiving a large number of telephone calls from members of the general public, giving investigators ideas and advice on how to solve the case. In addition, the story hit the blogosphere in a major way with many Indian bloggers avidly and enthusiastically blogging about the murder mystery. Template:Cleanup-remainder

CBI Investigation

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 restricting 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. the doctors entrusted with the autopsies neglected to call forensic scientists to lift 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.

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 was not 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.

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.

Sources in the agency emphasised that unlike in an "unoccured case" where a closure report is filed because the incident under investigation was not found to have occurred, the report filed in the Aarushi case does not shut the possibility of renewed investigation if a new, strong evidence comes up. Pinaki Mishra, Dr Talwar's counsel, strongly reacted to the closure report, calling it a pack of innuendos. "This is the most unfair verdict that could have been given. They (Talwars) are being pronounced guilty until proved innocent. Without having filed a chargesheet, the CBI is condemning them to live the life of a guilty. I have no doubt that the entire investigation is derailed by taking the line of UP police - just damn them without evidence," he said.

The CBI does not debunk the defence of Talwars completely, with sources acknowledging that the probe failed to establish the motive behind the murder. They also said the dummy run conducted by them to verify Talwars' claim that they could not have heard of what was happening in the next room because of noise from their AC, shows that they could have slept through the crime. It also says the narco tests run on the couple show only "minor deceptions". But the report lists "circumstantial evidence" to say why they continue to treat Dr Rajesh Talwar as the prime suspect in the case. Sources claim the "circumstantial evidence" is so strong that Dr Talwar could have been chargesheeted had he not been a parent. The closure report says the crime scene was "dressed up" before the police was called—something that is not associated with a regular criminal.

Sources said that Noida police's failure to secure the crime scene was another reason why the agency was left only with circumstantial evidence. Blood stain on the whisky bottle found in Talwars' house did not match the samples of either Aarushi or Hemraj. The report asserts that both Aarushi and Hemraj died of injuries from a blunt weapon, and that the cuts on their neck were inflicted when they were already dead.

Timeline of the Case

2008

May 16, 2008

• Aarushi Talwar, daughter of a dentist couple, Dr Rajesh Talwar & Dr Nupur Talwar, was found dead with her throat slit in the bedroom of her flat in Jalvayu Vihar.
• Based on the Talwars' claim, missing domestic help Hemraj (Nepalese national) suspected of murder.Talwars also discourage police to search the upstairs of their house as the lock of gate to upstairs not opened.

May 17, 2008

• Hemraj's body found on the terrace of Talwar's house.
• Noida Sector-20 police Station Officer (S.O.) Dataram Nauneria shifted for lapses in investigations.
• Autopsy report rules out sexual assault.

May 18, 2008

• Delhi Police join murder probe; police say murder committed by a "doctor or a butcher".

May 22, 2008

• Family under suspicion; honor killing angle probed
• Police quiz Aarushi's close friend, whom she spoke to 688 times in the 45 days preceding her murder.

May 23, 2008

• Aarushi's father Dr. Rajesh Talwar arrested for the two murders.

June 13, 2008

• The Nepalese compounder of Dr. Rajesh Talwar, Krishna (alias Kishan) arrested by CBI. The arrest follows polygraph test and Narco Analysis test at Forensic Science Laboratory (FSL), Bangalore the day before. He was earlier subjected to polygraph test twice at Central Forensic Science Laboratory (CFSL), Delhi as well as psychological assessment test at AIIMS, New Delhi on June 9, 2008; based on the test results, CBI arrested Krishna.

June 14, 2008

• Krishna the compounder of Dr. Rajesh Talwar produced before the duty magistrate, district courts, Ghaziabad. CBI requests for 14 days police custody of Krishna for further investigation. The Magistrate grants 3 days police custody remand. He is to be produced before the Special Magistrate for CBI cases at Ghaziabad on June 17, 2008. A CBI team had earlier conducted a search at Krishna's former premises at Jalvayu Vihar, Noida and seized some clothing and other materials for forensic examination. Rajkumar, the Nepalese domestic help of the Duranis, was subjected to polygraph test at CFSL, Delhi.

June 19, 2008

• Judicial custody of Dr. Rajesh Talwar extended up to July 2, 2008. An application is moved for a second lie detection test of Dr. Rajesh Talwar, as his first lie detection test remained inconclusive. A lie detector test is also conducted on Vijay Mandal, the domestic help of a neighbor of the Talwars.

June 17, 2008

• Krishna produced before special magistrate, CBI court, Ghaziabad. CBI applies for further 11 days police custody remand to continue the investigation. The magistrate grants 6 days police custody. He is to be produced before the CBI magistrate, Ghaziabad on June 23, 2008.
• A team accompanied by a forensic expert search the room where Rajkumar used to live in Sector 53, Noida. Material seized from the room on June 13, 2008 is forensically examined.

June 20, 2008

• Lie detection test of Dr. Rajesh Talwar conducted at CFSL, Delhi.

June 23, 2008

• Krishna produced before the special magistrate, CBI courts, Ghaziabad. CBI requests further custody of Krishna for 4 days for further interrogation and recovery of weapon. The magistrate passes an order extending his police custody by 4 days. He is to be produced before the Court on June 27, 2008.

June 25, 2008

• Second lie detection test conducted on Dr. Nupur Talwar. Her first lie detection test was found inconclusive.

June 26, 2008

• The CBI declares the case to be a "blind case". Dr. Rajesh Talwar refused bail by the special magistrate, CBI courts, Ghaziabad.

June 27, 2008

• Krishna taken to Talwars' residence by the CBI and thereafter produced before the special magistrate, where his bail plea is rejected once again. The Talwars' family friends Duranis' Nepalese domestic help Rajkumar arrested on the suspicion of involvement in the murder. Washed T-shirts with faint human blood stains seized and sent for DNA matching. However, the Duranis (doctors themselves) maintain that the stains could be from the boils that Rajkumar had on his body. Rajkumar had already been subjected to polygraph test, psychological assessment, brain mapping and narco analysis at FSL, Gandhinagar from June 23 to June 26, 2008.

June 28, 2008

• Rajkumar produced before special magistrate, CBI court, Ghaziabad and is sent to police custody for 14 days.

June 30, 2008

• Krishna's lawyer approaches a Ghaziabad court for bail. Bail is refused as the court that was approached does not have sufficient powers in this case.
• CBI joint director in charge of the investigation, Arun Kumar, is recalled to his original cadre in Uttar Pradesh.

June 31, 2008

• News channel AAJ TAK, airs reports that Vijay Mandal, a new face, is also involved in the Noida double murder.

July 2, 2008

• Dr. Rajesh Talwar is produced before special magistrate, CBI court, Ghaziabad again. His bail plea is rejected and his judicial custody extended till July 11, 2008. CBI says he is still among the suspects.

July 3, 2008

• The Supreme court of India rejects a public interest litigation (PIL) case challenging the administration of narco-analysis test on the accused. A bench headed by Justice Altamas Kabir refuses to hear the petion, as the petitioner, a lawyers' body, was an unregistered entity.

July 6, 2008

• An English daily reveals that on the night the murders were committed, the couple Dr. Rajesh and Dr. Nupur left their flat around midnight and came back around 5 AM. They were at a high society party for which 12 suites were booked in a posh South Delhi hotel.

July 7, 2008

• Dr. Nupur Talwar refuses the allegations regarding their absence on the night of the murders. She also expresses her intention to take legal action against the media house.
• CBI releases an official statement on their site, stating, "A section of media has reported quoting CBI sources that Dr. Rajesh Talwar and Dr. Nupur Talwar were not present in their house on the night of 15th May, 2008 and more than a dozen rooms were booked in a hotel in Delhi. It is clarified that the news item is speculative and not true. Investigation of the case is progressing diligently."
• Some other TV channels debate the merits of her and CBI's affirmations in the light of glaring gaps in the Talwars' story.

July 9, 2008

• Rajkumar, the domestic help of the Durranis, is subjected by CBI to a second narco-analysis test at [[FSL]foresic science laboratory|date=January 2012}} Bangalore.

July 10, 2008

• News reports on some TV channels suggest that the CBI has had a breakthrough on Rajkumar as the culprit and has confessed during the narco-analysis test. He is learned to have committed the murder along with Krishna, Sambhu and Hemraj. The reason for the first murder, as told by Rajkumar, was lust and Hemraj was killed for fear that he might have disclosed information.

July 11, 2008

• Vijay Mandal (alias Sambhu) the servant one of the neighbors of the Talwars is arrested by the CBI.
• In a press conference, Arun Kumar, Joint Director CBI, states that the CBI is awaiting DNA matching of washed blood stains on Rajkumar's T-shirts. He confirms that the CBI still considered this a blind case and expresses the hope that the case will be solved soon.
• Dr. Rajesh Talwar and Krishna appear before a special CBI court, Ghaziabad to seek bail. Their petitions are heard and Dr. Rajesh Talwar is released on bail, for lack of evidence. One lawyer R. K. Anand undertakes the defence of Krishna.
• CBI believes two or three domestic helps and Krishna to be the prime suspects. However, the forensic evidence is not admissible as evidence in the court.
• The murder weapon and the two cellphones respectively of Aarushi and Hemraj are still missing.

July 12, 2008

• Dr. Rajesh Talwar is freed on bail from the Dasna Jail in Ghaziabad. The news of his release brings back widespread media attention to the case.
• Vijay Mandal is sent to 3-days' CBI custody by the court of additional chief judicial magistrate Dinesh Kumar in Ghaziabad. Vijay Mandal has been accused under 302, 201, 120(B) of the Indian Penal Code (IPC).

July 15, 2008

• Vijay Mandal's police custody extended for four more days. The CBI expected to find the murder weapon and the cellphones of Aarushi and Hemraj with Mandal's help.

July 16, 2008

• An association of Nepalese citizens alleges that Krishna and Rajkumar are being pressurized to make confessional statements.

July 18, 2008

• CBI has not seized any evidence and is yet to receive a crucial forensic report on accused Rajkumar, according to media reports. It has weakened the case against the three prime suspects — Krishna, Rajkumar and Vijay Mandal. The CBI claims near closing of the case when preliminary reports from Hyderabad's Centre for DNA Fingerprinting and Diagnostics, suggests that identifying the blood on the T-shirt "may or may not be possible", according to media reports. Separating DNA from garments after a lapse of two months is not always possible, because of the disintegration of the red blood cells on the cloth.

July 19, 2008

• Vijay Mandal sent into police custody for four more days.

July 21

• Rastriya Jana Morcha (RJM) chairman Chitra Bahadur K.C. alleges that the two Nepalese nationals Krishna Thapa and Rajkumar were falsely accused by the CBI in the case, in order to save Dr. Rajesh Talwar. The party has decided to raise the issue in the Nepalese parliament. The party will also approach the Nepalese government and the national human rights commission to save the two.

July 22, 2008

• A bench comprising Justice Altmas Kabir and Justice Markandey Katju of the supreme court of India instructs the media to be careful in the context of the hearing of a public interest lawsuit that has raised questions on the media coverage of the high-profile murder case. In the probe, the character of the victim's parents was hotly debated, especially that of Aarushi's father Rajesh Talwar who was arrested initially as the main accused. However, no adverse observations were made about the compounder Krishna and the other two domestic helps Rajkumar and Vijay Mandal. A distinction seems to have been made according to the accused persons' class and national identities.

July 25, 2008

• The Police custody of the accused Krishna, Rajkumar and Vijay Mandal is extended till August 8. The three accused are brought to the Ghaziabad court handcuffed and linked by a rope. The judge objects to the inhuman treatment of the accused and the police officer tenders his apologies.

July 31, 2008

• A Hindi channel Aaj Tak airs a news report alleging that Vijay Mandal was drilled with leading information, prior to the narco-analysis tests. Further, there are allegations that Mandal's confessions during the narco-analysis tests have many gaps.

August 8, 2008

• The Police custody of the accused Krishna, Rajkumar and Vijay Mandal is extended for 14 more days, as they are now considered the prime accused.

August 9, 2008

• CBI director Ashwani Kumar says the case is still unsolved, as many important corroborative pieces of evidence are yet to be found. However, he fully accepts that it is important that Dr. Rajesh Talwar be exonerated or the sanctity of our family structure will be been challenged.

2009

September 4, 2009

• The Central Forensic Laboratory in Hyderabad releases a report that Aarushi's vaginal samples were substituted with those of an unknown woman. The correct samples could have helped to establish who killed the teenager, and whether she was sexually assaulted before being stabbed. The clothes that Aarushi was found in were soaked in blood. But the forensic lab received clean clothes.

September 14, 2009

• Delhi police recovers Aarushi's mobile phone in Bulandshahr.

2010

January 1, 2010

• Police confirms that Arushi's parents Dr. Rajesh Talwar and Nupur Talwar will undergo a Narco Test.

Jan 5, 2010

• CBI Moves Court to conduct Narco test on Talwar Couple.

May 16, 2010.

• A prayer meet is conducted by the Talwars in remembrance of their dead daughter Aarushi who was killed on May 16, 2008.

July 21, 2010.

• Dr.Rajesh Talwar moves the court to have a restraint order passed against the unethical and misleading information being published by some print media outlets.
• CBI reportedly seeking help of foreign forensic labs to crack the two year old case.

December 29, 2010

• CBI files closure report in Aarushi murder case. The closure report filed in Ghaziabad court says Rajesh Talwar is the sole suspect, and that Krishna, Raj Kumar and Mandal are completely cleared.

2011

January 3, 2011

• Ghaziabad court examines the validity of the closure report by CBI citing inadequate evidence against the suspects in the double murder case. As per CBI, the prime suspect is still Rajesh Talwar however the motive of this killing is still unknown.

January 25, 2011

• Arushi's father, Dr. Rajesh Talwar, is attacked outside court with a cleaver by a youth called Utsav Sharma in protest against CBI's decision to recall the case and that Utsav was upset that Talwar was not convicted. Utsav had also in protest attacked former police chief S.P.S. Rathore of the Ruchika Girhotra case in February 2010 .

January 30, 2011

• People from all walks of life get together to protest at Jantar Mantar, Delhi to press for Justice in the case.

February 9, 2011

• The special CBI court on Wednesday made Rajesh Talwar and Nupur Talwar accused in the Aarushi murder case. The Court has also issued summons against Aarushi's parents, accusing them of murder and criminal conspiracy under IPC 302 and 34. The next date for hearing has been fixed as February 28.

March 8, 2011

• The mother of Dr. Talwar's attorney is found murdered in her home.

March 18, 2011

• Supreme Court stays High Court order against the Talwars.

March 21, 2011

• The Talwars surrender passports to the Ghaziabad District Court.

March 25, 2011

• Hemraj's widow files application in Ghaziabad Court claiming Talwars killed him and Aarushi.

April 8, 2011

• SC pulls up Talwars for not submitting their original plea.

April 11, 2011

• Talwars due in court April 15, 2011.

April 15, 2011

• Supreme Court seeks CBI's response in Aarushi Talwar case.

April 22, 2011

• CBI charges Rajesh Talwar with forgery and concealing facts.

April 23, 2011

• CBI says "Only parents could have killed Aarushi".

April 27, 2011

• Aarushi's hearing in CBI court on July 20.

June 15, 2011

• Mayawati suspends police officer citing the unsolved three-year-old Aarushi Talwar murder case.

2012

Jan 6, 2012

• SC dismisses Talwars' plea, says trial will resume

Jan 9, 2012

• Rajesh Talwar to remain on bail, asked to appear before trial court on Feb 4

March 2, 2012

• Supreme Court refuses to shift Aarushi murder trial to Delhi from a Ghaziabad court.

April 11, 2012

• Special CBI court, Ghaziabad issued a non-bailable warrant against Nupur Talwar in connection with Aarushi-Hemraj murder case as she failed to appear before the court.

April 13, 2012

• Nupur Talwar's bail plea gets referred to Chief Justice of India.

April 14th, 2012

• Nupur Talwar bail plea gets cleared and Supreme court declares that she cannot be arrested.

Interesting development was when the CBI announced to SC that it did not intend to arrest her but it was questioned by the media on why it carried numerous raids all over Delhi if it did not intend to arrest Nupur. CBI evaded and parried the question.

April 23, 2012

• Nupur Talwar surrenders in Ghaziabad court and hours after the hearing her bail application was rejected following opposition from the investigating agency. Nupur has been sent to the Dasna jail.

The court had earlier extended the non-bailable warrant against Nupur Talwar till April 30. The CBI had sought an extension of the warrant date and said that Nupur Talwar won't be arrested until the Chief Justice takes up the matter.

April 27, 2012

• The Supreme Court asked Nupur Talwar to surrender before the Ghaziabad sesions court. The apex court refused to stay the non-bailable arrest warrant against her.

April 30, 2012

• Nupur Talwar surrendered in Ghaziabad court where her trial was set to begin. She applied for a fresh bail then.

• Post lunch, the Ghaziabad Court rejected Nupur's bail plea and put her under judicial custody in Dasna jail. Dentist Nupur Talwar, the mother of murdered teenager Aarushi, would have to spend another night in jail with a special court here reserving till Wednesday its order on her bail plea.

May 2, 2012

• Nupur Talwar spent her second night in Dasna jail.
• Nupur Talwar files bail application in SC after Ghaziabad court rejects her bail.

May 14, 2012

• Trial for the double murder begins.

May 21, 2012

• Arguments on the framing of charges against Nupur and Rajesh Talwar in the double-murder case of 13-year old Aarushi and Hemraj are expected to begin at a Ghaziabad court.

May 23, 2012

• Ghaziabad court charged Rajesh and Nupur Talwar for the murder of Aarushi and Hemraj, after finding them in a compromising position. The claim was strongly refuted by the Talwars couple, adding "sex is no big deal in elite society and does not entail murders."

References

CBI VERSION (Mail Today Bureau | New Delhi, January 1, 2011 | Updated 08:02 IST) Crime scene was dressed up. Suspicion on inmates of the house as no signs of forced entry Dimensions of the injuries on Arushi and Hemraj - 8 by 3 cm - match with those of Rajesh's golf club Rajesh was surfing the internet till 11.50 pm while Arushi was murdered between midnight and 1 am, the post-mortem report says The door of Arushi's room could be opened from either side. The keys were always with Nupur The Talwars got Arushi's room washed after asking the UP Police to rush to the railway station to nab domestic help Hemraj.

The special Central Bureau of Investigation (CBI) court in Ghaziabad took note of evidence produced against the Talwars by the investigating agency and made them an accused in the sensational murder case.

See also

• Adnan Patrawala Murder Case
• Neeraj Grover Murder Case
• Snehal Gaware Murder
• Noida serial murders

The house we blew down Independent Report by Tehelka