Talvar is a 2015 Bollywood film based on the Aarushi Talwar murder case, famously known as the Noida double murder case of 2008. It is written by Vishal Bhardwaj and directed by Meghna Gulzar. The film portrays the contradictory versions of the case that pronounce Aarushi’s parents as guilty or innocent. It ends at the point where the closure report by the CBI was rejected by the court and the case was reopened for investigation.
Background of the Case- The film is based on the murder of Aarushi Talwar, a 14 year old residing in Jalvayu Vihar in Noida and her domestic help a 45 year old Nepali, Hemraj. Initially Hemraj was considered to be the prime suspect however all theories were laid to rest when Hemraj was found dead, 2 days …show more content…
302 for murder read with s. 34 common intention. They were also booked under s. 201 for tampering of evidence. They were punished with rigorous imprisonment for life. The circumstantial evidences on which the judgment was based were-
• As per the last seen theory both the deceased were last seen by the driver, Umesh at the Talwar residence at 9:30. As per the last seen theory the time gap between the murder and the last seen should be such as to rule out the possibility of somebody else committing the crime. In the morning on 16-05-2008 at 6:00 a.m Aarushi was found murdered in her bed room. Her room and her parent’s room were adjacent to each other and they were separated by a wooden …show more content…
It has been observed by Sir James Stephen in “Introduction to Indian Evidence Act, 1872, “Facts relevant to the issue are facts from the existence of which inferences as to the existence of the facts in issue may be drawn. A fact is relevant to another fact when the existence of the one can be shown to be the cause or one of the causes, or the effect or one of the effects, of the existence of the other, or when the existence of the one, either alone or together with other facts, renders the existence of the other highly probable, or improbable, according to the common course of events.” In the case of Chandmal v. State of Rajasthan , the court has held that in situations where the case is entirely based on the circumstantial evidence the three conditions have to be fulfilled: 1) The circumstances on which we rely for evidence must be established firmly. 2) The circumstances have to be precise and they must point towards the guilt of the person who is accused. 3) When all the circumstances taken as a whole they must form a complete chain and thee must be no loop hole in the chain. It must indicate that the accused only could have committed the crime and nobody else could have done