The following are the key points in the Aarushi-Hemraj murder judgment pronounced by a special CBI court in Ghaziabad:
* The manner in which the murders were committed is not the handiwork of a single accused and rather the murders were committed and evidence destroyed by both the accused in furtherance of their common intention which is apparent from the facts and circumstances.
* The accused "cannot take advantage" of negligence or defective investigation of I.O., and the prosecution case "cannot be thrown away or dubbed as untrue" due to such negligence.
* It is proved from evidence on record that terrace door was locked from inside by the accused persons after taking away the body of Hemraj in the terrace and as such they were knowing well that dead body of Hemraj is lying in the terrace.
* No outsider(s) will dare to take Hemraj to the terrace in severely injured condition and thereafter search out a lock to be placed in the door of the terrace.
* It is trite in law that when there is a fight between ocular and documentary evidence, it is the documentary evidence which will prevail.
* This court reaches to the irresistible and impeccable conclusion that only the accused persons are responsible for committing this ghastly crime.
* There is a close proximity between the point of time when both the accused and the deceased persons were last seen together alive and as such the time is so small that possibility of any other person(s) other than the accused being the authors of the crime becomes impossible.
* The door of Aarushi's bedroom was fitted with automatic click-shut lock which could not be opened from outside without key but could be opened from inside without key.
* A man may tell a lie but the circumstances can never. Both the accused have admitted in their written statements under section 313 CrPC that on some occasions Nupur Talwar removed the key from Aarushi's lock and kept the same with her.
* No explanation has been offered by the accused as to how the lock of Aarushi's room was opened and by whom.
* The internet remained active in the night of the gory incident suggesting that at least one of the accused remained awake.
* There was no disruption in the supply of electricity in that night.
* No person was seen loitering near the flats in suspicious circumstances in that night.
* It is clear that the prosecution has placed a clinching wealth of circumstances from which the guilt of both the accused has been made out to the extent human instruments can apprehend.
* From the evidence it is proved that the accused persons disposed off/destroyed the scalpel, blood stained clothes worn by them during the commission of the offence, dressed up the scene of crime, cleaned private parts of Ms. Aarushi, covered the dead body of Aarushi with a flannel blanket.
* The accused covered Hemraj's body with a cooler panel, placed a bed-sheet on grill dividing two roofs, locked the door of terrace, concealed or destroyed the key of the terrace door which has not been found till yet.
* Murder and destruction of evidence were done by the accused with the intention to screen themselves from legal punishment. As such charge under section 201 IPC is fully proved against the accused persons.
* That golf club no.5 was thrown in the loft after commission of the crime and the same was produced after many months by the accused.
* That pattern of head and neck injuries of both the accused persons are almost similar in nature and can be caused by golf club and scalpel respectively.
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