Continuing their final arguments in court, the counsel representing Rajesh and Nupur Talwar on Friday said there was no evidence to prove that the activity of the internet router was a result of physical usage of the computer in the Talwar household on the night of the murder in May 2008.
The CBI's theory was that the switching on and off of the internet router on the night of May 15-16, 2008, proved that Rajesh and Nupur Talwar were indeed awake throughout the night.
The dentist couple is standing trial for the murder of their daughter Aarushi and domestic aide Hemraj on the night of May 15-16, 2008.
Defence counsel Tanveer Ahmed Mir said of the two witnesses who appeared in court, the testimony of Deepak Kanda, nodal officer, Airtel, was liable to be rejected.
"Kanda admitted to court that he had no expertise in determining whether the switching on and off of the router was due to physical usage or some other reason. When the question was put to Airtel, its technical team members said physical usage was only one of the four possible reasons. However, since nobody from the team came forth as a prosecution witness, this is merely hearsay," Mir said.
Mir also pointed out that the testimony of the second relevant witness clearly stated that there was not enough material on which to base a clear decision.
"Bhupinder Singh Awasiya was part of a team of the Ministry of Science and Technology. When the question of what caused the router to switch on and off intermittently was put to his seniors, he said documents such as detailed ISP logs, which have 31 information columns, and detailed router logs were required," Mir argued.
"Not only were these not supplied to them by CBI investigating officer AGL Kaul, but he never even asked the nodal authority for them. Therefore, how can a conclusion be drawn with confidence?" the defence counsel told the court.
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