Sunday, 24 November 2013

Arushi Talwar - trial by fire



                                                                               







The Arushi Talwar tangle....awfully complicated as it was initially has been made more so by the constant turns and twists involved in it....the constant media probes, the police and CBI flip flops, the torrent of opinions, and finally the quest for justice by the family and others...
We should see this case from a legal stand point....what may appear illogical to the layman may be the logical thing to do as per legal procedures....
The Court can only proceed as per settled legal procedures, as per the evidence available on record. It can't look beyond the witnesses, the evidence, the testimony, and the medico legal reports....
Whatever be the public opinion or the media glare the verdicts can't be based on that because if it is so then they are bound to be wrongly delivered in one way or the other...
Won't comment on the merits of this particular case as not familiar with the inside evidence available but one thing is for sure the family's quest for justice has actually led them into a maze of events....
Had the police been vigilant enough to collect forensic evidence from the scene of the crime and preserve and present it before Court perhaps a more cohesive result would have been available.....however it so happens sometimes that in the absence of credible evidence the Courts do tend to lean towards the 'benefit of doubt' theory....
Convictions can't solely be based on conjectures and surmises emotions or wishes.....it has to be on rock solid evidence, the murder weapon being recovered, the forensic and other reports, the testimonies and the circumstantial evidence too.....
The Court if it follows any other procedure or tries to super impose its own opinion over the evidence available on record may end up making a bigger mistake than initially made in this case...
So let the legal acumen prevail over any other consideration....and if in the end there are no results available the case should rest till eternity....all parties should just treat it as closure....
Of course if the Court comes to a horrendous incomprehensible conclusion then the case will drag on for more years to come.....in appeal.


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