A bench of justices A K Patnaik and J S Khehar raised questions on some of the findings of the magistrate on the basis of which Nupur Talwar was summoned to face trial.
"The problem is that the magistrate has made it such a big thing. Magistrate has to be careful while passing orders. Even I revise my judgments five times so that it does not affect anyone and to ensure the language of my order is not harsh," the bench said.
"Look how the magistrate has dealt with the issue. Less the magistrate had said, better it would have been," the bench observed while asking CBI to explain on what basis the trial court came to conclusion that some external thing was found in Aarushi's private part.
The bench asked the investigative agency to explain about it tomorrow during further hearing of the case.
"If it is correct, it is serious but if it is not correct, it is more serious," the bench said adding "how the judge came to the conclusion that white fluid came from outside."
At the outset of proceedings Senior Advocate Harish Salve, appearing for Nupur said the special CBI court erred in taking cognisance of the murders against her and her husband Rajesh Talwar and discharging another accused Krishna from whose pillow the blood stains of Hemraj had been found. MORE
