The lawyer representing the Talwars, the parents accused in the murder of the 14-year-old Aarushi in Noida in 2008, argued in the CBI court on Monday that the probe agency manipulated evidence it provided in court.
In their defence, the Talwars' lawyer Satyaketu Singh submitted that the Central Bureau of Investigation (CBI) manipulated the 'tampered' report of the CDFD (Central DNA and Forensic Department), Hyderabad, regarding the pillow cover recovered from the room of Krishna, the Nepalese compounder of the dentist Rajesh Talwar, the father of the murdered girl.
The defence lawyer said in 2011, it was claimed before the Allahabad High Court that in 2009, the CDFD had reported the pillow cover recovered from Krishna's room contained Hemraj's blood, and so evidence showed Krishna was involved in the crime.
But the CBI sought a clarification, after two years, from scientist S.R. Prasad of the CDFD, and it was found that the mention of Krishna was a "typographic" mistake. The lawyer pointed out, however, if it was a typographic error, then it had occurred at least 10 times in the report submitted to the court.
An FIR was registered against the scientist at a Hyderabad police station under Sections 420 (cheating) and 467 (forgery) of the Indian Penal Code.
The lawyer argued that the CBI tampered with a seized article of evidence, a golf club, while it was in its custody.
He said that the CBI, in 2013, presented one independent witness named Laxman before the court, and that witness admitted that the Talwars' driver, Umesh, had identified the golf sticks in August 2010. The entire stock of golf sticks was seized by the CBI in 2009.
The lawyer argued that the CBI tampered with the seal on objects taken as evidence, and planted one golf stick to make it appear as a weapon of murder.
The lawyer also said that while the CBI was claiming it had not photographed the clothes of the accused, it presented photographs of the gown of Nupur Talwar, also a dentist, as evidence, saying it contained no blood stains.
The lawyer pointed to these contradictions, and claimed they were happening because of manipulation of evidence.
The next hearing of the case has been fixed for Nov 12, 2013.
The special CBI court Judge S. Lal asked the defence to make haste in submitting their final arguments.
Aarushi, 14, was found murdered at her parents' Noida residence May 16, 2008. The body of Hemraj was found the next day on the terrace of the house.
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