Dr. Rajesh Talwar And Another V.

Central Bureau Of Investigation,

2013 (82) ACC 303

PROLOGUE

It was a normal day and the life of Delhi was moving in its usual character, till the time, a heart
throbbing a 14-year-old girl was brutally Murdered', which unsettled everyone's life and
routine. Also termed as, The Noida-Double Murder Case which refers to the killing of a
teenager named Aarushi Talwar and her servant, Hemraj. The two were alleged to be killed
on the night of 15th May 2008 at Aarushi's home. After the discovery of Aarushi's dead body
on 16th May, the missing servant Hemraj was considered to be the main suspect. However,
on confronting with his partially decomposed body on the terrace, the next day bought him
out-of-the purview of suspicion. In lieu of the same, the investigating team (police) was heavily
criticized for failing to secure the crime scene, immediately on receiving information regarding
the happening of the crime. After ruling out the family's ex-servants, in hustle-tussle, the police
considered Dr. Rajesh Talwar and Nupur Talwar (parents of the Aarushi) as the prime
suspects in this murder mystery. In respect of the same, police plotted two versions of a story,
both suspecting that Rajesh had murdered the two after finding them in an 'objectionable'
position, or maybe because Rajesh's alleged extra-marital affair had led to his blackmail by
Hemraj, which was confronted by Aarushi, herself, at a later stage.

ISSUES:

1. Whether the issue of the process by the Magistrate under Section 204 of Criminal
Procedure Code was valid, after the supreme investigating agency, Central Bureau
of Investigation in its end report prayed for the closure of the case due to lack of
substantial evidence?
2. Whether the investigation conducted by the Investigating agency was questionable?
3. Whether a person can be convicted based on the last seen theory without substantial
evidence?
4. Whether a crime can be established without mens rea or motive?
5. Whether the Narco- Analysis Test is admissible?