No proof that Hemraj was murdered in Aarushi's room, defence lawyer tells court

New Delhi: Describing as "totally baseless" the CBI theory that Rajesh and Nupur Talwar killed Aarushi and Hemraj after a "sudden provocation", defence lawyer on Thursday told a CBI court in Ghaziabad that there was no evidence to prove that the domestic help was murdered in the teenager's room.

On the first day of defence's final arguments, Talwars' lawyer Tanveer Ahmed Mir told the court that CBI's theory of "grave and sudden provocation" was based on report of director of Gujarat Forensic Science University (GFSU) Mahendra Singh Dahiya.

"Dahiya's report, which directly points finger on Talwars, is totally baseless and was prepared to implicate the dentist couple," the lawyer said.

Mir claimed that Dahiya never visited the scene of crime, but "prepared report against Rajesh and Nupur Talwar".

"Dahiya prepared his report on the basis of 14 photographs related to the scene of crime and deceased," he said, adding that Dahiya also took into account statements of 161 prosecution witnesses, Dr Sunil Dohre, who conducted postmortem examination on Aarushi's body, and investigating officer of this case.

Dahiya had joined the probe after being approached by CBI in 2009. Mir said that as per Dahiya's report, the crime was the result of "grave and sudden provocation".

Dahiya had during his statement told the court that the crime was possibly committed using a golf club and surgical knife, and that no outsider except the Talwar couple was involved in the murder. Dahiya had also said that the two (Aarushi and Hemraj) were murdered in Aarushi's bed.

"Dahiya submitted his report in October 26, 2009 which said that two blood spatters, which belonged to Aarushi and Hemraj, were found on the back wall of Aarushi's bed," Mir told the court.

Mir claimed,"no blood, no DNA, no biological fluid and no finger prints which belonged to Hemraj were found in the Aarushi's room, and it suggests that Hemraj was not murdered in Aarushi's room."

The Talwars' lawyer also told the court that Dr Sunil Dohre's statement was recorded five times, but he never mentioned that Aarushi's vagina had prominent opening and her vaginal canal was visible.

"But he said all these things before probe officer AGL Kaul when he was contacted in sixth times," Mir told the court. Defence's arguments will continue on Friday.