In the Aarushi-Hemraj double murder case, the defence lawyer for dentist couple Rajesh and Nupur Talwar Wednesday termed the Central Bureau of Investigation's (CBI) weapon theory as one being based on hypothesis.
In his argument, lawyer Satyaketu Singh said all that the agency has indicated is that since two sticks were extra clean, the murders were committed with those. It is absurd to put before the court such arguments which were contradicted by scientists themselves, he oberved.
While scientist M.S. Dahiya submitted that he based his opinion on the basis of documents furnished by the CBI, R.K. Sharma put on record that only depressed fracture could be generated by the use of a blunt weapon like golf stick while deceased Aarushi sustained line fracture which is the evidence of contradiction of opinion among scientists.
Second, the CBI did not follow the rules by stocking the seized articles in the treasury of articles and no evidence of the treasury keeper was put on record before the court of law. Such type of act is itself an evidence that the CBI violated rules and tampered with the seals.
Third, Dahiya's opinion, on the basis of which CBI stressed that the murder was committed by a golf stick was based on the documents furnished by the probe agency. Dahiya himself never visited and inspected the site which he stated before the court.
Fourth, the closure report already mentioned there was no corroboration in the sequence, hence the closure report is being submitted. So the CBI theory of usage of golf stick in the crime is purely based on hypothesis and full of illegalities and lapses.
After three hours' defence arguments from 2 p.m., the CBI judge adjourned the court for Oct 31 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.
