By A.PRAWIN

   Student Ambassador of AFRS

1. Introduction about the Case

The Nirbhaya case refers to a brutal gang rape and murder that occurred in New Delhi, India, in December 2012. The victim was a 23-year-old female physiotherapy intern who was assaulted by six individuals while traveling with her male friend on a private bus. The incident deeply impacted the nation, sparking outrage, mass protests, and debates on women’s safety, policing, and the judicial system in India.

This case became a landmark for the role of forensic science in securing convictions in sexual assault cases and contributed to widespread changes in India’s criminal laws related to gender-based violence.

2. Details of the Case

On the night of December 16, 2012, the victim and her male friend boarded a private charter bus at around 9:30 p.m. after watching a movie. The bus, however, was illegally operating without a license and had been hijacked by six men who intended to use it for robbery and other crimes.

Inside the moving bus:

●        The male friend was beaten with an iron rod and restrained.

●        The woman was gang-raped by all six men.

●        She was also physically assaulted with a metal rod, leading to severe internal injuries.

●        After about an hour-long ordeal, both the victims were stripped and thrown out of the bus onto the roadside.

They were found by a passerby and rushed to Safdarjung Hospital. Due to the critical nature of her injuries, the woman was later transferred to Mount Elizabeth Hospital in Singapore, where she succumbed to her injuries on December 29, 2012.

The case led to a widespread public movement and was pivotal in increasing awareness about crimes against women in India.

3. Investigation Carried Out

The Delhi Police launched a high-priority investigation, which included:

●        Eyewitness statements: The male companion, despite his injuries, provided a detailed description of the attackers and the bus.

●        CCTV footage analysis: Cameras installed at toll booths and roads helped track the movement of the bus.

●        Tracing the bus: The bus was located based on its color and registration details provided by witnesses.

●        Arrests: Within a few days, all six suspects were arrested from various locations in Delhi and Bihar.

●        Recovery of items: Personal items belonging to the victim and her friend were recovered from the bus, including clothing and the iron rod used in the assault.

●        Scientific collection of evidence: Biological samples were taken from the bus, the victim, and the accused for forensic analysis.

Delhi Police's quick and methodical investigation was essential in building a strong case for the prosecution.

4. Forensic Aspects of the Case

Forensic evidence was key to establishing the guilt of the accused:

a. DNA Profiling

●        Semen samples collected from the victim’s body and her clothes were tested at the Central Forensic Science Laboratory (CFSL).

●        The DNA profile matched with that of the accused individuals, directly linking them to the rape.

b. Fingerprints

●        Fingerprints found inside the bus were matched with those of the accused, placing them at the scene of the crime.

c. Blood and Hair Samples

●        The blood and hair of the victim and accused were found inside the bus, strengthening the evidence that the crime occurred there.

d. Medical and Post-Mortem Reports

●        Medical examinations revealed the extent of internal injuries, which confirmed the use of a blunt object (metal rod).

●        The autopsy confirmed that the injuries were consistent with the brutal description of the assault.

e. Digital and Mobile Forensics

●        The mobile phones of the accused were traced to the vicinity of the crime scene.

●        Call records and tower locations were used to verify their movements on the night of the crime.

f. Clothing Analysis

●        The clothes of the accused were stained with blood and bodily fluids, and tested positive for DNA matches with the victim.

All this forensic evidence played a vital role in establishing a clear timeline and the involvement of each accused person.

5. How Forensics Played a Role in Solving the Case

Forensic science provided irrefutable scientific evidence, which:

●        Corroborated witness testimonies (especially that of the male companion).

●        Linked the accused directly to the victim and the crime scene.

●        Confirmed the nature and tools of the assault, particularly the use of a metal rod.

●        Eliminated the possibility of false accusations or mistaken identity.

The swift collection and analysis of forensic samples helped the prosecution build a robust case in a relatively short period of time, leading to convictions despite the absence of any video footage of the crime itself.

6. Trial and Punishment

The trial was conducted in a fast-track court due to the severity and public importance of the case. Here's what followed:

●        Charges filed: Rape, murder, criminal conspiracy, kidnapping, robbery, and destruction of evidence.

●        Juvenile Accused: One of the six accused was a juvenile (under 18), and was tried under the Juvenile Justice Act. He received a three-year sentence in a juvenile home and was released in 2015, sparking public outrage.

●        Execution Date: March 20, 2020, at Tihar Jail, New Delhi.

7. Conclusion

The Nirbhaya case remains one of the most disturbing and consequential crimes in Indian history. The role of forensic science in this case highlighted how crucial scientific investigation is in modern law enforcement. It helped:

●        Solve the case quickly,

●        Eliminate doubts,

●        Ensure justice was served.

The case also led to:

●        The amendment of Indian rape laws (Criminal Law (Amendment) Act, 2013),

●        The establishment of fast-track courts for rape cases,

●        Greater public awareness and pressure on authorities to act swiftly in cases of violence against women.

8. References

1. Justice Verma Committee Report (2013) – Recommendations on reforms in laws related to sexual violence.
2. Delhi Police Investigation Report (2013)
3. Supreme Court Judgement – Mukesh & Ors vs State for NCT of Delhi (2017)
4. Central Forensic Science Laboratory (CFSL) Reports
5. News Outlets:
• The Hindu
• Indian Express
• BBC News
• Times of India
6. NCRB (National Crime Records Bureau) Data Reports

Written By: Ms. Sheenal Sharma, NIMS University Jaipur 

• Introduction 

The killing of 14-year-old Aarushi Talwar in Noida, India, was the most sensational and controversial criminal case in the nation. The tragic murder was soon transformed into a tangled web of accusations, faulty investigations, and dubious forensic results. This is an example of how delicate and important the forensic handling can be—and how its misuse can affect justice.

• Details of the Case

Aarushi Talwar was found murdered in her bed in her parents' Noida apartment, a satellite town of Delhi, on May 16, 2008, in the morning. Her throat was cut with surgical finesse, and she had a severe head injury as well. Hemraj, the 45-year-old Nepalese domestic help of the family, was the initial suspect and was missing from home. This situation was, however, ruined the next day when the body of Hemraj was discovered on the locked roof top of the Talwar house, with similar injuries.

The initial police investigation was criticized as incompetent. Incriminating forensic material was not found; family members and journalists who entered the house before it was sealed-off compromised the crime scene. Bloodstains, fingerprints, and other physical evidence were overlooked or photographed inadequately.

The absence of forced entry led to a hypothesis that it was an insider job. The parents,

Dr. Rajesh and Dr. Nupur Talwar, were also soon in the spotlight. The police began

making allegations that it was an "honour killing," which while speculated, was factually not supported.

In the midst of media scrutiny and public uproar, the case was seized by the Central Bureau of Investigation (CBI). But the seizure did little to quiet the investigation. Over the course of several years, two CBI teams investigated the case, each proposing entirely conflicting theories. One suspected a group of servants, and the other suspected the Talwar couple themselves.

• Investigation Carried Out

To begin with, the Noida police got the major stages of the probe incorrect. The crime scene was not preserved, and key evidence was lost or tampered with. The inability to find Hemraj's body on the first day, given that it was on the terrace of the same building, reflected the degree of negligence.

When the case was transferred to the CBI, the case proceeded in two directions. The first set of people arrested Krishna, a compounder in Rajesh Talwar's dental clinic, and two other domestic staff members, Rajkumar and Vijay Mandal. Suspects were put through narco-analysis and polygraph tests, which pointed towards a probable group attack. The results of these tests were not admissible evidence in court and lacked corroborative physical evidence.

Subsequently, a second CBI team ruled out the servant theory and targeted the parents, speculating the murders were committed in a fit of rage after Dr. Rajesh Talwar supposedly caught Aarushi and Hemraj in an intimate act. This theory was largely circumstantial and based on opportunity and motive, but no direct forensic evidence implicated the Talwars.

• Forensic aspects of the case

The use of forensic science in the Aarushi-Hemraj case was extensive but inherently flawed. Forensic experts were called upon to visit the scene, analyze DNA tests, and determine the cause and timing of death. Since the crime scene had already been compromised at the onset, the accuracy of the majority of the findings was doubtful.

The autopsy of the two victims showed deep slashes characteristic of sharp-edge weapons. The weapons themselves, however, were never identified with certainty. The scalpel or khukri (curved blade) was one possibility, while others suspected a golf club was employed to inflict head damage. All these were speculative since no weapons were found with corresponding blood or DNA.

DNA evidence proved Hemraj's DNA was present on bloodspots in Aarushi's room.

This complicated the story further and suggested he had slept in Aarushi's room 

before being murdered or that he was somehow involved and was murdered. No foreign DNA samples or fingerprints were ever found, and lack of break-in into the house was used to build a circumstantial case against the Talwars.

Narco-analysis and polygraph tests of the in-situ staff indicated possible knowledge of the crime, but these were inadmissible in court and lacked forensic evidence. Moreover, important evidence such as the pillow cover stained with Hemraj's blood on another servant's bed was not tested or explained clearly in the latter half of the trial.

• How Forensic played a role in Solving of the Case

In theory, forensic science would have been the cornerstone of a double murder case. In the Aarushi case, however, forensic examination was undermined by poor control of the primary crime scene and contradictory interpretations of evidence. Nonetheless, forensic input did affect the narrative developed by the prosecution.

The absence of outsider DNA, the theory of single weapon use, and identical bloodstains were all utilized in the case for a killer in the house being the only one capable of committing the murders. None of these theories was backed by tangible physical evidence in the form of identical weapons or direct DNA on the suspect.

Rather than solving the case, the forensic testing illustrated the inadequacies of India's forensic systems and how assumptions can be dangerously overblown when scientific data is incomplete or misleading.

• Trial and Punishment

In 2011, the CBI had filed a closure report stating that there was nothing to prosecute anyone on, but the trial court rejected it and the Talwars were directed to stand trial. They were convicted and sentenced to life imprisonment in 2013. The conviction was largely on circumstantial evidence and prosecution assumptions, such as inference of character and lack of outside intervention.

The sentence was reversed by Allahabad High Court in 2017, stating that the evidence was not sufficient enough to give a guilty verdict. The courts condemned the investigation as incoherent and said that there was no evidence beyond a reasonable doubt.

•      Conclusion

The Aarushi Talwar case underlines the importance of meticulous forensic examination and unbiased investigation in criminal cases. It is a reminder of how things can take a wrong turn when scientific procedures are manipulated and public opinion takes the back seat over evidence-based logic. Aarushi and Hemraj's tragedy was compounded by a judicial system that seemed to let them down at each step.

Although the case remains technically open, it keeps on arousing controversy over the condition of forensic science in India and the need for legal reforms aimed at avoiding such miscarriages of justice in the future.

•      References

1.  CBI Court Judgement, Ghaziabad (2013)

2.  Allahabad High Court Judgement, 2017

3.  NDTV Archives: Timeline of Aarushi Talwar Case

4.  India Today (2017): Mishandling Investigation Analysis

5.  Bar & Bench Legal Review: Talwar Couple v. State of U.P. 

6.  Tehelka Magazine, Special Report on Aarushi Case 

7.  The Wire (2017): Media's Role in the Aarushi Case

 Sheelu Gupta ( Student ambassador at AFRS)

M.Sc. Forensic science GGV

Introduction :

On 26 March 1972, Mathura way raped  by two policemen Tukaram and Ganpat in police station of Desaiganj  in Gadchiroli Maharashtra

Mathura lived with his brother Gama  who works as labour and Mathura was a house help in Nunshi’s home where she get in contact with Nunshi’s sister son Ashok and came in relationship. One day Mathura was about to go with Ashok, Gama noticed them .

On 26 March 1972, filed a complaint that Ashok and his relatives was about to kidnap Mathura, in the police of Desaiganj. The complainant was recorded by Head constable Baburao and Ashok and Mathura’s statement was also recorded. Gama was asked to bring his sister birth certificate and other relatives asked to wait outside. After leaving them Mathura was taken to restroom and molested and raped by Tukaram and Ganpat then after she was asked to go outside near a tea stall and raped again however Mathura ran away from them to save her and explain the incident to her relatives. Thereafter a complaint and digital punchanama was filed.

Mathura was led to hospital to medical examination. The examination was done by Dr Shastrakar at 8pm. In the medical examination findings was no sign of struggle or any injury mark , the hymen revealed old rupture and the age of Mathura was estimated as 14-16 year old

Forensic Aspects : Forensic Biology – After the examination it was opined that semen trace collected from victim’s cloth and semen collected from accused were matched

Forensic Toxicology : Toxicological analysis turns positive result for alcohol examination in the blood which confirmed alcohol intoxication of the accused.

Trail and Punishment:

Session court:   Session court came to conclusion that due to insufficient evidence and according to medical report court concluded that Mathura was habituated to sexual intercourse and she had sexual intercourse in police station but not rape. It was also found that Tukaram had intercourse with Mathura but Ganpat only molested her and due to alcohol intoxication in fainted .

High court: Being not satisfied with session court Gama filled a appeal to Bombay High court .In High court it was concluded that the sexual course was done forcefully and mounted to rape .It was also concluded that her submission to be due to fear and it can not be considered as consent.

Supreme court: Supreme court found accused as not guilty as there were no evidence of rape any sign of physical abuse. It was also argued that why she did not raised any alarm during the incident. Supreme court said that High court wrongly inferred her submission to be due to fear which can not be considered as consent.

Judgment: After so many protest by women organization , child and women care organisations, debate, arguments discussion and protest against the concept of consent in the judgment “Consent involve submission, but the converse is not necessarily true, from the fact of the case , all that is established is submission, and not consent, is the taboo against pre marital sex so strong as to provide a license to Indian Police to rape young girl.”

The verdict of court was 5year imprisonment to Tukaram and 1year imprisonment to Ganpat . Further they were suspended from police service.

Amendment in Laws :

Section 376 of Indian Penal Code which is related to punishment for rape underwent significant amendment with the introduction of section 376(A), 376(B),376(C),and 376(D). This additions specifically addressed custodial rape making it punishment under the law .

The amendment marked crucial shift by transferring the burden of proof to accused once sexual intercourse was established , a major departure from previous practic. It was also introduced that essential procedural reforms such as in camera trails , prohibition on disclosing the victim’s identity and enhance sentencing provision.

Conclusion: Mathura rape case, was a landmark judgment that sparked significant changes in India's rape laws. Although the Supreme Court acquitted the accused due to lack of evidence, the case led to  Widespread social outcry and protests, Legal reforms, including amendments to the Indian Penal Code,  Introduction of custodial rape as a punishable offense, Changes to the Evidence Act, shifting the burden of proof in certain cases .These reforms aimed to strengthen victim rights and improve justice delivery in rape cases. The case remains a significant milestone in India's legal history, highlighting the importance of continued efforts to protect women's rights and ensure justice.

Reference:

·        https://indiankanoon.org/search/?formInput=citedby%3A%20114584494&pagenum=4

·        https://mphc.gov.in/PDF/web_pdf/JJC/UPLOADED/Tukaram%20&%20Anr.%20Vs.%20State%20of%20Maharashtra_%20The%20case%20whose%20aftermath%20introduced%20misandry%20in%20IPC.pdf

·        https://indiankanoon.org/docfragment/114584494/?big=3&formInput=intercourse%20sexual

·        https://testbook.com/landmark-judgements/tukaram-vs-state-of-maharashtra

TANISHKA KUMAWAT

AFRS AMBASSADOR

BSC FORENSIC SCIENCE

PARUL UNIVERSITY

Introduction about the Case

The Nithari case, one of the most disturbing criminal cases in India’s history, refers to a series of gruesome murders that came to light in 2006 in the village of Nithari, Noida. It involved the brutal killing of at least 19 children and women whose skeletal remains were found near the residence of businessman Moninder Singh Pandher and his domestic help Surinder Koli. This case not only shocked the conscience of the nation but also revealed deep flaws in the law enforcement system. Forensic science played a key role in identifying the victims and collecting evidence that led to the convictions.

Details of the Case

The events unfolded when families of missing children from Nithari began demanding answers from the police. Between 2005 and 2006, several children from the area had disappeared mysteriously. Following pressure, the police began searching around house D5 in Sector 31, Noida, and on December 29, 2006, they discovered human skulls and skeletal remains in the nearby drain. The house belonged to Moninder Singh Pandher, who lived there with his servant Surinder Koli. The investigation revealed that Koli lured children into the house, murdered them, and dismembered their bodies, sometimes indulging in cannibalistic acts. The remains were disposed of in the drain behind the house.

Investigation Carried Out

Initially, the Noida police were criticized for ignoring the missing child complaints. After the discovery of skeletal remains, the case was transferred to the Central Bureau of Investigation (CBI). Forensic experts from the Central Forensic Science Laboratory (CFSL) and AIIMS were brought in. DNA samples were collected from the remains and matched with the parents of the missing children. Surinder Koli confessed during custodial interrogation, leading to the recovery of more remains. The investigation included mapping the timeline of disappearances, cross-verifying missing reports, and retrieving digital and physical evidence from the house. Detailed postmortem examinations and bone analyses were conducted to determine cause and method of death.

Forensic Aspects of the Case

This case heavily relied on forensic science for both identification of victims and establishing the criminal actions. DNA profiling was essential in matching the skeletal remains to the missing children. The bodies had decomposed significantly, making traditional identification impossible. Bone and dental analysis were used to estimate age and confirm identities. The CFSL team also examined the crime scene to gather physical evidence such as blood stains, hair strands, and tool marks on bones. Forensic odontology played a minor but supportive role, and the decomposition analysis helped determine the timeline of the murders.

How Forensic Played a Role in Solving the Case

Forensics was central to the Nithari investigation. With no eyewitnesses and decomposed bodies, investigators turned to DNA testing as the only way to confirm the identities of the victims. Mitochondrial DNA extracted from bone marrow was used in many cases due to the extent of degradation. The patterns of injury on the bones revealed the violent nature of the killings. Forensics also helped establish the number of victims, as body parts were recovered in pieces. Without scientific methods, conviction would have been extremely difficult, given the lack of direct evidence or witnesses.

Trial and Punishment

Both Moninder Singh Pandher and Surinder Koli were arrested. While Pandher maintained his innocence, Koli confessed to multiple murders. However, many legal experts debated the authenticity of his confession. Over the years, multiple charges were filed against the duo. Koli was found guilty in several of them and sentenced to death. Pandher was acquitted in some cases but later convicted in others. As of the last update, Surinder Koli remains on death row. The slow judicial process and repeated appeals have kept the case in public discourse for over a decade. The Nithari case has exposed not only the horrors of criminal psychology but also the loopholes in the Indian criminal justice system.

Conclusion

The Nithari serial killings case is a grim reminder of how vulnerable communities can fall prey to heinous crimes, and how systemic negligence can worsen the tragedy. However, it also reflects the power of forensic science in solving complex and emotionally charged cases. The meticulous work by forensic experts brought closure to grieving families and played a critical role in delivering justice. The case has since become a key example for forensic and criminal law students, reinforcing the importance of timely action, scientific investigation, and legal integrity.

Reference

1. CBI Official Reports On Nithari Case

2. Times of India Archives – “Nithari Killings : Timelines and Trial”

3. India Today – ‘How Forensic Help Crack The Nithari Horror’

4. The Hindu – ‘Nithari Case: Court Sentences Koli to Death’

5. Forensic Science in Criminal Investigation and Trials – B.R. Sharma