Ghaziabad, May 25 (IANS) A CBI court here Friday formally framed charges against dentist couple Rajesh Talwar and Nupur Talwar for the murder of their daughter Aarushi and domestic help Hemraj in 2008 and will next hear the case June 4.
"The court has officially framed the charges against Dr. Rajesh and Nupur Talwar today (Friday) and has fixed June 4 for evidence. We sought time from the court to challenge the order in the High Court. We would prepare to approach the HC," counsel for the Talwars, Manoj Sisodia said.
There is prima facie adequate basis to charge the couple and there is no rationale to discharge them, the court of Central Bureau of Investigation (CBI) Special Judge S. Lal said.
Both Rajesh Talwar and Nupur Talwar were present in the court Friday. When the court asked the couple on what they had to say about the charges, they pleaded innocence to the crime.
The court charged the dentist couple after concluding the arguments of both sides. The court, in its order, ruled that while framing charges, the case is to be examined only prima-facie and it is not necessary under the rule of law to discharge the accused in the pre-trial stage.
The court charged Talwars under sections 302/34 (murder with common intention) and 201 (destruction of evidence with common intention) of the IPC. In addition to these, the court charged Rajesh Talwar under section 203 (giving false information respecting an offence committed) of IPC.
The court can charge the accused on the basis of grave suspicion and the prosecution should be given an opportunity to present evidence against the accused, it said.
It is not necessary at this stage to analyse the materials provided by the prosecution. The court can form an opinion on the points raised by the defence side only after the prosecution evidence.
The principles mentioned by the defence do not apply at this stage, the court mentioned in its order.
Earlier, defence counsel requested the court to grant the Talwars 15 days' time to exercise their legal right to challenge the order in a higher court.
In the application, defence lawyer Sisodia submitted that they had yet not received the copy of the order.
He said after going through it, the Talwars would seek legal opinion whether to challenge the order in the higher court or not. For that they need at least 15 days' time to exercise their legal right.
CBI Judge S. Lal Thursday ruled that the Talwars were charged with murder and destruction of evidence.
Rajesh Talwar was also charged with misleading police about the crime.