New Delhi: The Allahabad High Court has dismissed CBI’s theory of sudden and grave provocation being the motive for the Talwars to kill their daughter Aarushi and servant Hemraj in a fit of rage. The HC pointed out that there was no evidence to support this theory and dismissed the postmortem doctor’s testimony about sexual relations between Aarushi and Hemraj.
“We have no hesitation in holding that the prosecution has failed to prove by any reliable or cogent evidence, the motive suggested by the prosecution for the appellants to commit the double murder, i.e. the deceased being caught in the midst of a sexual act on the fateful night by Dr Rajesh Talwar who suddenly got so gravely provoked that he committed their murder,” the high court said.
The defence lawyers had called the testimony of the postmortem doctors alluding sexual relations between Aarushi and Hemraj a “medical blasphemy”.
Doctor Sunil Dhore, who conducted the postmortem of Aarushi, made no mention of rape or sexual attack on her. The HC said his testimony in court talking about an open vaginal cavity was an improvement made later. The whitish vaginal discharge which was mentioned in the postmortem, is a “normal occurrence in girls who have attained puberty”.
“It is crystal clear, his evidence for the purpose of believing that she was subjected to any sexual intercourse or any fiddling or manipulating with her vaginal cavity was done after her murder does not inspire confidence and no credibility can be attached to the same,” the high court order said.
Dr Naresh Raj, who had conducted the postmortem of Hemraj came in for even graver criticism. Raj, in his report, had said that Hemraj’s penis was found swollen and this was because “he was in middle of or about to have a sexual intercourse just before he murder.”
The HC pointed out that when Raj was asked to explain the basis of his conclusion, he replied, “I am married and on the basis of marital experience I have stated that the reason for the swelling in Hemraj penis was because either he was in the midst of sexual intercourse or was based about to indulge in the same…” the defence had cited medical literature to prove that “From 18 to 36 or 48 hours after the death, eyes are forced out of their sockets, a frothy fluid of mucus is forced out of the mouth and nostrils, abdomen becomes greatly distended. The penis and scrotum become enormously swollen.”
The HC also rejected CBI’s contention that Dinesh Talwar influenced Dr Dohre to not mention ‘rape’ in Aarushi’s postmortem.
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