NOIDA: Dr Naresh Raj, who conducted the port-mortem on Hemraj, told TOI that he testified in court that Hemraj could have been in the middle of a sexual act with Aarushi or was preparing for it as he had been convinced by the theory put forward by a CBI official.
"AGL Kaul (the investigating officer of the second CBI team) told us that they were in the act and Rajesh saw him. That's what he said would have happened," he said, admitting that it was Kaul who had introduced the theory to the two doctors who conducted the post-mortems.
"You never think of a theory beforehand. Earlier, we did not think like that but later on we felt that there was no reason for someone else to hide the body of Hemraj," he told TOI.
Dr Raj, a paediatrician at the Super Speciality Paediatric Hospital and Post Graduate Teaching Institute (SSPHPGTI), has been criticised by the Allahabad high court for citing "marital experience" rather than medi cal science for his observation. The court has slammed the doctors who conducted the post-mortem on Aarushi and Hemraj for introducing the `sexual intercourse theory' as motive for the double murder "without an iota of evidence".
While verifying the reason for the swelling in Hemraj's private parts, the high court had relied on the opinion of an independent doctor who mentioned that it could have been because of the body lying on the terrace for more than 24 hours in heat.When asked about the assertion by the doctor, Dr Raj sa id, "Yes, they say that it can be caused by heat."
He acknowledged that he did not cite this as a possible reason in his testimony. "I feel that Krishna (Rajesh's assistant in the clinic) could not have hidden the weapon and that he would not flee also," he said.
Hemraj's body was found by the police from the terrace a day after Aarushi was found murdered in her room.
Initially, Raj was not available for testifying in court and the CBI had said that they could not trace him. "I had suffered a head injury in Meerut and was not available on my address. Hence they could not trace me. When I was okay, I went to the court," he told TOI.
Raj was also in a personal dilemma during the course of the hearing. His wife Richa Saxena, a pathologist, who examined the slides of Aarushi's swabs, was accused of siding with the Talwars.
Given the fact that the high court has held that the CBI manufactured evidence and tutored witnesses, it is not enough that the accused in the case be acquitted. There must be consequences for those responsible in the agency. Individual accountability must be fixed and action must follow against the erring officials. That should include their prosecution and not just internal disciplinary action. It is important to establish the principle that investigating officials cannot deliberately twist facts to `prove' that someone is guilty. Incidentally, the court's observations, seen in conjunction with earlier observations by the Supreme Court to the effect that the CBI behaves like a caged parrot accountable to its political masters makes us wonder why there still remains such touching faith in its impartiality and competence. The clamour for a CBI inquiry in every high profile seems inexplicable in light of such observations.