In the Aarushi-Hemraj double murder case, the defence trashed the Central Bureau of Investigation (CBI) theory that dentist couple Rajesh and Nupur Talwar killed their daughter and their servant following a sudden provocation after catching them in a compromising position.
Defence lawyer Satyketu Singh submitted that chappals were found on Hemraj's feet. "Can a man go for sexual intercourse wearing chappals," asked Singh.
Second, the scientific test could not establish that biological fluid was found on each other's clothes. The CBI claimed that after seeing the duo in a compromising position, father Rajesh hit them with a golf stick following which blood spots could be seen on the walls.
Singh asked if blood could be seen at a height of 10 feet, why tests could not detect biological evidence.
Third, doctor Naresh Raj claimed that when a person dies during sexual intercourse, his penis remains swollen. He reaffirmed his claim is as per his personal experience but his statement is contradicted by Modi's Medical Jurisprudence and Toxicology that after 18 hours of death, eyeballs pop out and penis swells.
So, on all these counts, the CBI theory does not stand, claimed defence lawyer Manoj Shishodia.
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After two hours of defence arguments from 2.00 p.m. to 4.00 p.m., the CBI judge adjourned the court for Oct 28 to record further arguments of the defence.
Aarushi, 14, was found murdered at her parents' Noida residence May 16, 2008. Next day, Hemraj's body was found on the house terrace.