"We are living an unreal life for the past seven years," says Rajesh Talwar. "It is like living in a haze." Talwar
and his wife, Nupur, are currently lodged in a prison set amid verdant
farmland outside India's capital, Delhi. In November 2013, a court found the dentist couple guilty of killing their 13-year-old daughter Aarushi and
their Nepalese servant, Hemraj Banjade, in the family apartment in
nearby Uttar Pradesh, one of India's worst-governed states. Fuelled
by sensational media leaks and the fact that the accused belonged to
India's thriving, upwardly mobile middle-class, the 2008 double murder
quickly became the country's most-talked-about crime. The verdict was
based on circumstantial evidence as key forensic evidence had been lost
during two flawed investigations. The Talwars were sentenced to life in prison. From the beginning, there were doubts about the way the investigations were conducted,
first by the local police and then by federal detectives belonging to
the Central Bureau of Investigation (CBI) - it was "haphazard, absurd
and defamatory" and worsened by the "administrative dystopia" of Uttar
Pradesh, wrote British writer Patrick French, who was a patient of
Rajesh Talwar. Now
an explosive new book by journalist Avirook Sen claims that the
conviction of the couple may have been a gross miscarriage of justice. ........At the heart of the book is a botched inquiry where some
crucial evidence pointing to the possible involvement of an outsider in
the double murders was recorded by the early investigators - but
strangely ignored by the court. The police, says Sen, then
served up a tantalising narrative conflating sex, honour and class to
implicate the couple: the parents, incensed by a relationship between
their daughter and the man servant, killed them for honour, which is common in parts of India. Except, Sen's book claims, there was no evidence to prove any of this.........Sen says the investigation
itself was shockingly shambolic. The teenager's new camera was sent to a
lab which did not have the facility to retrieve deleted pictures. An
investigator said there was "no procedure of collecting" vaginal swabs
for examination in Uttar Pradesh, where more than 200 million people
live. A constable who lifts fingerprints and takes pictures at
the crime scene appears to have lost his memory when cross-examined by
the defence lawyers in the court four years later. He also tells the
court he used a "black powder" to lift the prints. The fingerprints,
anyway, are "useless to the labs" and his photos are a "complete mess".
Sealed covers containing forensic evidence are tampered with. Key
prosecution witnesses, writes Sen, tell one story to the investigators,
and a "substantially different one in court". A policeman tells the
court that he has no sense of smell and that he had found Hemraj's body
in the terrace of the Talwar residence in "mint condition" - this was a
swollen, body decomposing for 36 hours in the wilting 47C (116F) heat
before it was discovered. The couple's house-maid, a key prosecution
witness, openly tells the judge that she had been coached........The
crime scene is recreated using commercial red paint, water and a bed
sheet. Crucial evidence - a pillow cover with the servant's DNA was
found in a different house - is bungled. Investigators rely heavily on
scientific tests - lie-detector, brain-mapping and narco-analysis - that
are not admissible as evidence in court.........Sen's book is a
devastating indictment of India's broken criminal justice system, and
its voyeuristic, ratings-addled TV news media, which destroys
reputations with impunity. It is also about the collision of new India -
exemplified by the successful and ambitious Talwar couple - with the
old represented in this book by allegedly prejudiced investigators,
suspicious of the new modernity. "This is a case where everything
had gone awry right from the beginning," Vijay Shanker, a former head
of the CBI who retired two years after the agency took over the
investigation, himself tells Sen. "What are we talking about? We
are talking about the dignity of the dead. We are talking about the
criminal justice system. We are not talking about a PD James novel."
http://www.bbc.com/news/world-asia-india-33546471