A petition challenging Rajesh and Nupur Talwar's acquittal by the Allahabad High Court was filed in the Supreme Court (SC) on Friday. The petition was filed by Khumkala Banjade, wife of the Talwars' domestic help, Hemraj, who was murdered along with Aarushi Talwar.
Banjade filed the petition months after the Allahabad HC acquitted Rajesh and Nupur Talwar for murdering their daughter Aarushi and domestic help Hemraj for the lack of evidence.
In her petition, Banjade told the apex court that the dentist couple were wrongly acquitted of murdering their teenaged daughter and her husband Hemraj.
Speaking to DNA, senior advocate KTS Tulsi said it was the state's duty to find out who killed Aarushi and Hemraj. "If the Talwar's did not commit the crime, who did?" he said. Hemraj's body was allegedly dragged to the terrace where it was later found by the Uttar Pradesh police hinting at a crime, it is up to the state to find out who did it, he added.
"The Hon'ble high court has failed to appreciate that there is nothing to show that an outsider(s) came inside the house in the night after 9:30 pm. That there is no material on record which suggest that somebody was loitering near the flats under suspicious circumstances on the night of the incident. The same has been corroborated by the security guard PW9 who was on duty on the night of 15.05.2008 -16.05.2008. The trial court rightly held that the time span was so less that there is no chance of anyone entering the house, the petition read.
In October, the Allahabad HC had held that the trial court judge, who had sentenced Rajesh and Nupur Talwar for the murder of Aarushi Talwar and Hemraj, had acted like a "film director" and had "prejudged things" and had "tried to thrust coherence amongst facts inalienably scattered here and there but not giving any coherence to the idea as to what in fact happened" while acquitting the couple in the sensational case, is also a damning indictment of the trial court.
The Talwars – who were convicted of killing their daughter and their help, walked out of prison shortly after the judgment was pronounced almost nine years after the double murder gripped the nation.