Aarushi & Hemraj Killed By Talwars:CBI

A forthright CBI has said in the Supreme Court that "investigation has squarely reached a conclusion that no one other than Dr Rajesh Talwar and Nupur Talwar could have conjointly committed this dastardly crime" of killing their daughter Arushi and servant Hemraj.

The CBI also introduced the evidence given by a painter who white-washed Talwars' Noida house. "The painter will prove the instructions given by Dr Rajesh Talwar which have a bearing on the chain of circumstances proving his guilt," it said.

It responds to Talwars' counsel Pinaki Misra, who on March 19 had told the apex court that the CBI had deliberately ignored the evidence — detection of Hemraj's blood stains on a pillow cover recovered from compunder Krishna's possession. The agency says: "This was a typographical error on the part of Centre for DNA Fingerprinting and Diagnostics, which was clarified before the Allahabad high court.

On the issue of Talwars' seeking a touch-DNA test on the golf stick, which the agency suspects to be the blunt weapon used for the murders, it said: "Rajesh and Nupur insisted that the physical exhibits recovered from the scene of crime should be sent for LCN/Touch DNA development to some laboratory in foreign countries like UK or Canada." Rajesh Talwar had identified certain laboratotries for this purpose.

The CBI said it inquired from laboratories with expertise in touch-DNA test in the UK, US. Four laboratories showed their inability to carry out LCN/DNA (or touch-DNA) development and pointed out that the legal tenability of LCB DNA was suspect.

"Only James Clery of M/s DNA Defence, UK, agreed to develop DNA from the exhibits with LCN technique. Incidentally, Dr Rajesh Talwar was already in touch with James Clery even before the CBI approached him," the CBI said.

On checking the credentials of Clery's laboratory from UK, the CBI found from Interpol, UK, that it was not an accredited lab. "The petitioners are trying to mislead the courts by taking plea of LCN DNA. It is a case where there is sufficient prima facie material/evidence against petitioner and her co-accused to proceed with the case. They want acquittal before the trial," the agency said.

In discussion with scientists, the CBI said it found that the LCN technique depended on uncontaminated collection of possible DNA sources from the scene of crime and "since the exhibits in this case had already been subjected to traditional DNA development and were also subjected to much handling and exposure", it did not conduct the touch DNA test.

"The closure report was submitted on the basis of insufficient evidence and not on the basis of 'no evidence' against Talwars. The magistrate summoned her (Nupur Talwar) on being satisfied that there is a prima facie case against her," CBI said.