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Decision on Talwars’ documents plea on Monday

Decision on Talwars’ documents plea on Monday
A Sessions court here is likely to give on Monday its order on the plea of dentist couple Nupur and Rajesh Talwar for providing them all the CBI documents pertaining to the twin murder case of their daughter Aarushi and domestic help Hemraj.

Additional District and Sessions Judge Shayam Lal had during the first hearing of the case on 11 May reserved its order on the Talwars’ plea as their counsel complained deficiency in case-related documents provided to them by the investigating agency.

CBI counsel R K Saini had told the court that the agency had provided all relevant documents to them and has withheld only those on which it is not relying for the couple’s prosecution.
The judge first orally asked the CBI to give all the documents to the Talwars ‘for the sake of justice’.

Later, he fixed 14 May as the next date of hearing of the case to give a formal order on the plea after the couple gave an application to the court seeking the documents.

In their plea, the Talwars had said the CBI had not provided them with all the documents related to the case, including the report prepared by the first Investigation Officer, Dataram Nauneria of Uttar Pradesh Police, and their telephone call records.

The CBI stoutly opposed Talwars’ plea for more documents.

Special Judicial Magistrate Preeti Singh on 9 May had sent the case for Sessions trial, rejecting a plea by the couple that the case cannot be put to trial as they have not been supplied all the prosecution documents.

Transferring the case, the Magistrate had said she did not have the requisite power under the Criminal Procedure Code to hold the trial of a murder case which can only be tried by a Sessions court. The formal trial in the 2008 twin murder case will begin tomorrow in the Sessions court here.Aarushi was murdered on the intervening night of May 16-17, 2008 at her Noida residence and the body of Hemraj was found on the terrace of the house the next day.

The CBI counsel had said statements of 90 out of the 153 witnesses and 23 photographs on which the agency is relying for their prosecution have already been given to Talwars.

The court has also given Talwars the liberty to inspect all the documents. The Additional District and Sessions Judge had on 2 May denied bail to Nupur in the twin murder case.
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