Rajesh & Nupur Talwar may be released on upcoming Monday after they were acquitted by the Allahabad High Court in the 2008 Aarushi-Hemraj murder case, said their lawyer. The lawyer also said that the High Court order's copy has still not been received.
The court had said that the Talwar couple could not be held guilty as per the circumstances and the evidence on record.
The verdict ended a nine-year ordeal of the Noida-based dentist couple who were found guilty by a Ghaziabad CBI court on November 26, 2013 and were serving a life sentence in Dasna jail.
A division bench comprising justices B K Narayana and A K Mishra allowed the appeals of the Talwars, holding that neither the circumstances nor the evidence on record established a chain showing their involvement in the murders of Aarushi and Hemraj.
Pronouncing the verdict in a packed courtroom, the bench said that it is a fit case where the benefit of the doubt can be given to the appellants and set aside the judgement of the CBI court convicting the Talwars.
I think release orders will be received by jail superintendent by afternoon& Talwars will be released by 4 pm: Tanveer A Mir,Talwars' lawyer pic.twitter.com/0RngIjJsQZ— ANI (@ANI) October 13, 2017
The Allahabad High Court said that the learned trial court judge cannot act like a maths teacher who is solving a mathematical question by analogy after taking certain figures for granted.
The Bench also said that the learned trial Judge had prejudged things in his own fashion. drawn conclusion by embarking on erroneous analogy conjecturing to the brim on apparent facts telling a different story propelled by vitriolic reasoning.
Further, the bench claimed that the learned trial Judge cannot act like a maths teacher who is solving a mathematical question by analogy after taking certain figure for granted. In all criminal trials, analogies must be drawn and confined within the domain and realm of the evidence, facts and circumstances on record.
Moreover, the Allahabad HC said that it is apparent that the trial judge was unmindful of the basic tenets of law and its applicability to the given facts and circumstances of the case and failed to properly evaluate evidence and analyze various circumstances of this case.
The learned bench also said that the trial court judge acted like a film director and tried to thrust coherence amongst facts inalienably scattered here and there. Further, he was criticised by Allahabad HC for not giving any coherence to the idea as to what in fact happened.
The HC also said that possibility of presence of other people and outsiders besides Hemraj having accessed to the apartment in the fateful night cannot be ruled out. The bench also said that the clear and credible evidence of alternative hypothesis available on record substantially demolishes the prosecution's theory that the crime was committed by the appellants alone as there was no proof of any outsiders having access into the apartment