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This is an archive article published on March 26, 2013

Aarushi murder: Doc says based sex statement on own married life experience

Doc started controversy by saying Hemraj was about to have sex when he was killed.

A CBI prosecution witness in Aarushi-Hemraj double murder case,Dr Naresh Raj,on Monday told a Ghaziabad Sessions court that his previous testimony that “Hemraj’s penis being swollen meant that either he was having intercourse,or was about to,when he was killed”,was not based on “any authority” but on “the experiences from his married life”.

Dr Raj,an MBBS and an MD in Pediatrics,had made his earlier statement in court on Friday. He had conducted Hemraj’s post-mortem examination.

Aarushi’s parents — Rajesh and Nupur Talwar — are facing trial for the murders on the intervening night of May 15 and 16,2008.

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The CBI claims that Rajesh attacked Hemraj and Aarushi with a golf club after they were found in a compromising position.

On Monday,during the cross examination by defence counsel Tanveer Ahmed Mir,Dr Raj was confronted with a definition from a book entitled Modi’s Medical Jurisprudence and Toxicology,which notes: “From 18 to 36 or 48 hours after the death ,the abdomen becomes greatly distended and the penis and the scrotum become enormously swollen.”

Hemraj’s body was found in the morning of May 17,2008 — more than 24 hours after Aarushi’s body was found.

In response to defence question,Dr Raj told court,“I think of Modi’s Medical Jurisprudence Toxicology as an authority. I am married and it is on that basis I gave the account. I cannot quote any authority on this.”

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He added: “It is incorrect to say that there is no connection between the state of the deceased and my marriage.”

Dr Raj said he did not mention “his reasoning” on the day the post-mortem examination was conducted. He told the court of Additional Sessions Judge Shyam Lal,“I had only written the facts and thought at the time that I would give my reasoning when I was asked for it.”

Dr Raj was also questioned by the counsel representing the Talwars on his statement that the injuries on the victims’ bodies could have been caused by a golf club and a surgical scalpel.

In response,Dr Raj said,“During my examination in chief,I was asked if injuries number 6 and 7 could be caused by a golf stick,and if injury number 3 could have been caused by a surgical scalpel. To both I said that it was possible.”

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He said,“I have never been sent either a golf stick or a surgical scalpel,either by the Noida police or the CBI for my opinion.”

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