In the famous Aarushi-Hemraj massacre, the Allahabad High Court acquitted the Talwar couple, giving benefit of doubt. At the same time, the High Court has instructed to immediately release Nupur Talwar and Rajesh Talwar from jail.

The High Court has admitted that there are many flaws in the investigation. In such cases, the Supreme Court does not even punish such a severe punishment. Talwar couple is locked in Dasna prison in Ghaziabad since year 2013. They were sentenced to life imprisonment by the CBI court in Ghaziabad, convicting the murder.

After this, their lawyers challenged the lower court's decision in the High Court. Talwar couple's lawyer Tanvir Ahmed then questioned the CBI's 204-page verdict.

In an interview given to the Indian Express, then defense lawyer Tanveer Ahmed had told that during the trial he had tried to get the attention of the court on four main issues, but the court did not pay attention to it. Later, quoting the same facts, the Talwar couple's lawyers appealed to the Allahabad High Court and they got the benefit.

Defendants' lawyers argued in the high court that the investigator put the burden of evidence on the accused. As the investigating agency assumed that there were four people at home on the day of the incident, two of whom were murdered. Therefore, the remaining two people are its culprit.

The defendant argued that the Supreme Court had ruled in Kali Ram vs Himachal Pradesh (1973) that in such cases the accused can not be burdened with proofs.

The defendant argued that CBI had pressurized Talwar couple's maid Bharti Mandal to give the statement. Bharti had told the court that on the morning of May 16, 2008, when she reached home, she saw that the door was closed from inside.

The CBI used this statement against the Talwar couple that the killers were inside the house, but later during the trial, Bharati admitted that the CBI had told her to say that.

The way the defendant presented the link of events, the truth of the incident and the accused got the benefit of doubt. Since the CBI put the burden of evidences on the accused, it could not prove that an outsider is in the murder case or not.

The CBI had presented the facts before the trial court that DNA samples of Hemraj's blood was taken from the room of Aarushi from her pillow, but during the trial, the doctor of the forensic laboratory, BK Mahapatra said that blood samples of Hemraj could be found in Aarushi's room, they were taken from the room of Hemraj.

The defendant handed the evidence to the court of the perils found in some of these other facts. The High Court also admitted that this fact and evidence is not enough to convict Talwar couple.

But the important question is that if Aarushi and Hemraj were not killed by Nupur Talwar and Rajesh Talwar, then who is the killer of Aarushi and Hemraj? Which has not yet caught. After all, when Aarushi and Hemraj will get justice!

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