Initially, at the beginning of the trial in June 2012, CBI's case was built primarily on 141 documents, which included statements of some neighbours and friends of the Talwars, their maid, Bharti, their driver, Umesh, the case's first investigating officer from Noida Police, doctors and forensic experts. However, during the trial, Umesh turned hostile.
The agency had informed the court that it had relied upon 96 of the 141 documents and admitted that it did not have any material evidence against the couple. During the trial, a few witnesses gave contradictory statements but most of the "prime" and "star" witnesses reiterated their statements, backing the agency.
The prosecution has stated that only Dr Rajesh and Nupur Talwar could have killed their 14-year-old daughter, Aarushi Talwar, and servant Hemraj Banjade and that "it was impossible for an outsider to commit the murders". The CBI also produced witnesses and forensic evidence to allege that the parents had "dressed up the scene of crime".
To prove its claim that "only four persons were present in the house" and "no outsider entered the house" on May 15, 2008, the CBI produced Bharti, who stated that the door of the house was locked from inside, not outside, and was found opened later when she went to the balcony. The CBI also used the testimony of a security guard who said he did not see any suspicious person or suspicious movement.
RK Saini, during the trial, claimed that a golf club and a surgical scalpel were used by the Talwars in the murders. Its star witnesses, Dr Sunil Dohre and Dr Naresh Raj — who conducted the post-mortem — claimed that the injuries on the head were caused by a heavy/blunt object, which could be a golf club. The agency also claimed through the testimonies of doctors that the necks of both the deceased were slit using a sharp-edged weapon like a surgical scalpel, which is easily available with doctors, or a knife.
The CBI has also claimed during the trial that Dr Talwar had consumed whisky from a Ballantine scotch bottle after the murders due to which the DNA of both victims could be found on the bottle.
The CBI's case is that there was a massive clean-up exercise in the house. It has alleged that the Talwars destroyed evidence, going by the testimonies of Dataram Nanoria and Mahesh Kumar Mishra. Nanoria and Mishra told the court that there were some toys on Aarushi's bed without any bloodstains. A friend of Dr Talwar, Dr Rajiv Kochar, stated there were footprints near the terrace which, it seemed, someone had tried to wipe off. Another doctor friend, Rajiv Varshney, told the court that he saw faint bloodstains on the stairs.
The agency also used the internet router to claim that the Talwars were awake on the night of the murders, contrary to their claim that they were sleeping. The agency said the router was being used by the Talwars continuously the entire night.
For the first time in five-and-ahalf years, CBI officially claimed in April this year that the motive for the murders was that Dr Talwar saw his daughter and servant in an objectionable state. CBI's investigating officer AGL Kaul stated in court that "Dr Rajesh Talwar found Aarushi and Hemraj in an objectionable state on the bed", a claim which had been made earlier by Noida Police in 2008. "He attacked Hemraj on the head with the golf stick. On the second blow, Hemraj's head moved to one side and the golf stick hit Aarushi on the forehead," Kaul has stated.
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