The Supreme Court will pronounce its order Tuesday on dentist couple Rajesh and Nupur Talwar's plea seeking reports of narco-analysis, polygraph and brain-mapping tests conducted on three suspects in their daughter Aarushi's murder.
The two petitioners themselves are suspects in the 2008 double murder of Aarushi and their domestic help Hemraj.
The apex court bench of Justice B.S. Chauhan and Justice S.A. Bobde said "tomorrow for orders", after hearing arguments by senior counsel U.U. Lalit appearing for Rajesh Talwar and Additional Solicitor General (ASG) Siddharth Luthra appearing for the Central Bureau of Investigation (CBI).
The three people who underwent narco-analysis, polygraph and brain-mapping tests, were Krishna, who worked in Talwar's dental clinic; Raj Kumar, who was employed as domestic help with the Talwars' family friends Durranis; and Vijay Mandal, who was working as a domestic help in the same apartment block where the Talwars lived.
Seeking access to the reports of the tests conducted on Krishna, Mandal and Raj Kumar, Lalit said when the prosecution case was entirely based on circumstantial evidence, "I am entitled to alternative hypothesis on the basis of the material that is available with the investigating agency..."
"The jurisprudence of this country permits me the material gathered by the investigating agency pointing finger at someone else," Lalit said.
Lalit said while narco-analysis, polygraph and brain-mapping tests gave a clean chit to his clients Rajesh Talwar and Nupur, the tests raised question about Krishna, Mandal and Raj Kumar.
Opposing the plea by the Talwars, Luthra told the court that the report of the three tests carried out on Krishna, Mandal and Raj Kumar were of no evidentiary value.
The ASG told the judges that the trial court rejected the Talwars' plea June 18 and even the high court July 19 dismissed it.
Aarushi, 14, was found brutally murdered in the Talwars' Noida residence May 16, 2008. The body of Hemraj was found the next day on the terrace of the same house.
