Wednesday 27 November 2013

Talwar's convicion is justice misconceived

I have been going through the innumerable comments being expressed in electronic and print media after Talwars have been prosecuted and sentenced to life imprisonment.Though many believe this to be a case of natural justice considering Talwars guilty of killing their beloved 14 years only daughter and their domestic servant Hemraj and also find the ground of conviction given by the judge as logical and acceptable but I am not at all convinced with the motive addigned behind these morders and therefore justifying conviction and sentencing. .I have also read an article by a very renowned journalist and blogger Ms Ghosh who has called it rape of justice and has very logically substantiated her conclusions though many have differed with her  but many have appreciated her treatise which carefully brings out the reasons for her believing the conviction as rape of justice.Though on most of points I agree with her views but I won't call it a rape of jutice but in my view  it is justice  misconceived  based on preconceived notions and presumptuous motive.I am unable to be convinced with the  26 points justifications given  by the honourable  judge justifying Talwar's conviction on one ground that motive assigned for the gruesome murder by the parents of their own beloved daughter followed by their domestic servant, is presumptuous and the prosecution has been unable to establish it with clinching or even doubtfull evidences.Since both the characters who could have defended the story fabricated by prosecution similar to the classical fictitious charachter Lolita in the novel of the same name are dead, how can the conviction  based on this fabricated motive which can not be established either by direct or curcumstancial evidences be justified?.We are not a western society where boys and girls become mature at an early age to be able to keep their illicit affairs under wraps .  In Indian context can it be believed that a 14 years old kid girl was so mature and naive that she was keeping her so called affair with a 45 years old man under wraps and none of the persons who were close to her or her family could guess it?.In Indian society where if a father and his daughter or brothers and sisters move around ,people and police eyes them suspiciously but in this case a 14 years old girl was having a sexual relationship with her domestic servant and none could suspect it .Both must have been great actors and manipulators indeed.!I must congratulate CBI who in order to salvage their honour after their request for  closure of the case was rejected by the CBI court, were able to fabricate a Lolita like  story with out any  direct or curcumstancial evidence which was also believed by the court as sufficient motive for the crime and therefore meritted conviction of Talwar couple.Let any one who believes on this motive behind the murders  including CBI people come out with a single convincing evidence to substantiate this motive I am ready to accept that justice has been done.Otherwise in my view irrepairable damage has been done to   Arushi who being dead is in no position to defend her modesty and refute this fabricated story.It would have been better if the learned judge would have treated this case as rarest of the rare case and awarded death punishment to both the Talwars as demanded by the CBI to save them from the ignomy of the fabricted character of their beloved daughter painted by the CBI and accepted as convincing by the Court.Even if they are let off by the higher courts or spend their rest of life in prosin, they would have to live with this life long ignomy that their 14 years old daughter was painted as a Lolita  like character who was having affair with 45 years old domestic servant and they killed them in a fit of rage as imagined by many who believe in CBI's story.Though I am not a legal expert nor it is my intention to disrepect legal system still I am convinced that it's a case of justice misconeived based on fabricated motive which has no evidence at all.Now films will be made with juicy and lascivious potrayals based on Aarushi's Lolita like character conceived and depicted in the court by the CBI. Even after untimely death her soul would not be allowed to rest in peace.