‘Beyond reasonable doubt’: 210-page #Aarushi Talwar judgment out; Comments invited

The Ghaziabad session court judgment has been published in the Aarushi Talwar murder case, after the handed down life sentences to both her parents today [IBN Live / WSJ / BBC].

The CBI special court’s additional sessions judge held:

Now is the time to say omega in this case. To perorate, it is proved beyond reasonable doubt that the accused are the perpetrators of the crime in question. The parents are the best protectors of their own children- that is the order of human nature but there have been freaks in the history of mankind when the father and mother became the killer of their own progeny. They have extirpated their own daughter who had hardly seen 14 summers of her life and the servant without compunction from terrestrial terrain in breach of Commandment ‘Thou shall not kill’ and injunction of Holy Quran- “Take not life, which God has made sacred”.They are also found guilty of secreting and obliterating the evidence of the commission of the murders to screen themselves from legal punishment.

Reader comments and analysis invited in the comments below.

IBN Live has compiled 26 reasons why the CBI court has convicted the Talwars.

[PDF link to judgment via Ghaziabad court, or on Scribd – hat-tip to LI commenter Midhun Kumar Allu for spotting it first]

Aarushi Talwar Murder Case - Judgment - Nov 26 2013 - Sessions Trial Case by Midhun Kumar Allu

Comments

SLJ 26 Nov 2013, 14:15
+17 -2
http://i.imgur.com/iHt8iL1.jpg [link not safe for work]
WHAT! 26 Nov 2013, 17:02
+4 -2
1 comment? I am sure this is less important than the super important debate on which college is better than the other in MPL rankings.
Riveting 26 Nov 2013, 18:43
+4 -2
And easier to read than the comments sections on those pieces.
Mr. X 27 Nov 2013, 00:23
+4 -0
Amen to that!
Guest 27 Nov 2013, 07:32
+9 -4
The judge clearly needs a course in writing legal English. The days of Krishna Iyer and Chinnappa Reddy are long gone.
Not SC 27 Nov 2013, 08:48
+1 -0
[quote name="Guest"]The judge clearly needs a course in writing legal English. The days of Krishna Iyer and Chinnappa Reddy are long gone.[/quote]

This isn't the Supreme court of India!!
Legalese 27 Nov 2013, 09:23
+3 -1
Agree! The language is horrible, to say the least."Cynosure"of judicial determination!!!???? This is akin to Sidhuism!
Mr. X 28 Nov 2013, 14:34
+6 -0
I presume that you've not gone beyond the first para of the Judgment. If you had, you would have realised that it is not half as bad as you (and many others) think. If Justice Iyer had used 'cynosure', people would have been marveling the English used.

Criticism for the sake of criticism is not a good thing. And criticism using the veil of anonymity in an online blog is not the sign of courage.

Jai
Guest 27 Nov 2013, 10:26
+1 -1
[quote name="Guest"]The judge clearly needs a course in writing legal English. The days of Krishna Iyer and Chinnappa Reddy are long gone.[/quote]

Wish the Indian judges could write crisp, concise judgement like their American and English counterparts... but then again the judges in India write for Indian public who may not be aware the many laws and reasons behind the law...
Guest 27 Nov 2013, 17:40
+0 -0
If the henious murdas committed by thhe dbody also would removed,
Cowardly Guest 28 Nov 2013, 06:31
+3 -1
The linguistic failings are OK. Even the sight of a judge leaning on religious beliefs and religious texts is somewhat bearable in a secular court. But..

* The judge seems to go above and beyond his duty [to the extent of (nearly?) abandoning it] to assert that the obviously tutored maid is speaking the truth. How the fallacious conclusion that nobody else was present during that night is reached... is chilling. The rest is history.

* The curious case of the Hyderabad lab's convenient "typo errors" ...as if on cue from the CBI, amazing feat ! And many other twists and turns...

Lastly, mystery of mysteries... What was the motive ? (I'm referring to the "murder of justice", thanks to a writer on Firstpost.com for that expression). How could this crime ever happen ? Amazing.
Law Student 29 Nov 2013, 12:28
+3 -0
Fine, everything said and done, assuming that the evidence he has based the conviction on all hold up (which is questionable due to the shoddy standards of investigation in this case), the key question is whether they all add up beyond reasonable doubt? I wonder what everyone else things about that because I don't think it met the standard of proof
MK 3 Dec 2013, 09:43
+1 -0
Sure this will be overturned on appeal. The damage is already done though.
Guest 5 Dec 2013, 09:41
+0 -0
[quote name="MK"]Sure this will be overturned on appeal. The damage is already done though.[/quote]

Not sure that this will be overturned on appeal, though ideally it must not even be a conviction at the trial court. The one way that the Talwars had to show that there might have been a friendly entry without their knowledge, is the Krishna pillow cover from Krishna's room having Hemraj's blood on it. Allahabad HC and, I believe, even the SC took the side of the CBI which plastered over the gap with a letter claiming a 'typo' from CDFD Hyderabad. SC even famously said that the Talwars were 'trying last ditch efforts at saving a lost situation'. Now this makes the Talwars stand in the same position as in the trial court - of there being no way to even raise, leave alone prove the possibility of an intruder - friendly or otherwise.
shruti shah 10 Dec 2013, 07:58
+0 -0
We chronicled and decoded the Arushi Talwar case in an infographic.

Take a look at the the nebulous crime from its onset on the night of 15th May, 2008 : http://homegrown.co.in/infographic-the-arushi-talwar-murder-case-chronicled-and-decoded/