Aarushi murder: HC slams CBI trial court judge, Says trial judge acted like a film director.

Prerit Chauhan

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While overruling the conviction of the Talwar couple in the Aarushi-Hemraj murder case by a lower court, the Allahabad High Court observed that the trial court judge acted like a film director and tried to solve the case like a mathematical puzzle.Coming down heavily on special CBI judge S. Lal, the High Court said he had “aberrated” and taken “evidence and the circumstances of the case for granted.” He tried to “thrust coherence amongst facts inalienably scattered here and there but not giving any coherence to the idea as to what in fact happened. While acquitting the couple of the crime, Justice A.K. Mishra, one of the two judges in the High Court Division Bench, felt that the trial judge had out of “extra zeal and enthusiasm” and on the basis of “self-perception” adopted “partial and parochial approach in giving vent to his own emotional belief and conviction and thus tried to give concrete shape to his own imagination stripped of just evaluation and facts.”

 

Justice Mishra also said that “it is apparent that the trial judge was unmindful of the basic tenets of law and its applicability to the given facts and circumstances of the case.”He said the trial judge failed to properly appraise facts and evaluate evidence and analyze various circumstances of this case. “The learned trial judge has prejudged things in his own fashion, drawn conclusion by embarking on erroneous analogy conjecturing to the brim on apparent facts telling a different story propelled by vitriolic reasoning.”

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