Friday 24 April 2015

The Mysterious Case of the Beaut Damsel

In May 2008, 14-year-old Arushi and her family's 45-year-old servant, Hemraj, were found murdered in mysterious circumstances. In November 2013, a court held her parents responsible for the murders and sentenced them to life in prison. 

Like many others, I closely followed news reports about the case. So, when the court passed the sentence and published the judgement (pdf) online, I thought I'd take a look at it. 

And this is what I found.

The following is the first paragraph:
The cynosure of judicial determination is the fluctuating fortunes of the dentist couple Dr. Rajesh Talwar and Dr. Nupur Talwar, who have been arraigned for committing and secreting and also deracinating the evidence of commission of the murder of their adolescent daughter - a beaut damsel and sole heiress Ms. Arushi and hapless domestic aide Hemraj, who had migrated to India from neighbouring Nepal to eke out living and attended routinely to the chores of domestic drudgery at the house of their masters.
That's an awful piece of text!
  • Firstly, it's an 83-word sentence! 
  • Who says beaut damsel these days?
  • There was no need to mention sole heiress; she wasn't a princess or the daughter of extremely wealthy parents (Oxford dictionary definition of heiress: a female heir, especially to vast wealth); only child would have been better.  
  • Unnecessary use of big words like cynosure, deracinate, and arraigned.   
The judge continues in the same style in the next paragraph:
The mise en scene is Flat No. L-32, Jalvayu Vihar, Sector 25, N.O.I.D.A., a suburb of New Delhi. The Dramatis Personae are Dr. Rajesh Talwar, his wife Dr. Nupur Talwar, the accused of this case, Ms. Aarushi and Hemraj, who were bludgeoned and thereafter, jugulated to death on the intervening night of 15/16 May, 2008, Mr. Umesh Sharma and Mrs. Bharti Mandal.
This paragraph contains two foreign expressions: mise en scene and dramatis personae. Secondly, no one writes Noida like that, even though it started out as an acronym. N.O.I.D.A. looks as odd as l.a.s.e.r and s.c.u.b.a.

In the rest of the judgement I found the following old-fashioned, pompous, informal, slang and Latin words:

  • The parties are ad idem that the case is based on circumstantial evidence.
  • Skipping expiation on prosecution story, a vignette of facts...
  • ... and there is nothing to suggest that intruder(s) perpetrated this fiendish and flagitious crime.
  •  ... officer-in-charge of police outpost Jalvayu Vihar of police station sector 20 and posse comitatus drawn from other police stations ...
  • ... Dr. Rajesh Talwar delated the matter with the police station...
  • Inquest of the dead body of Hemraj was held by S. I. Bachchoo Singh betwixt 12:30 to 14:30 ...
  •  On 27.06.2008 Raj Kumar was collared ...
  • Since Mr. Vijay Kumar was bit off, the investigation was transferred... (No, there was no man-eating creature which made a meal of Vijay Kumar; a bit off means to feel unwell)
  • Dr. Rajesh Talwar, who being aggrieved by and dissatisfied with the closure report filed protest petition seeking impetratory relief ...
  • Therewithal, Dr. Rajesh Talwar was also charged for ...
  • They were not in a position to talk to anyone as they were lugubrious.
  • School bag and whim-whams were in the bed of Arushi ...
  • He had not gone to the police station to lodge his report, nay, the report was dictated to him by police personnel in his house. 
  • On hearing ululation Mr. Punish Rai Tandon had come to his house ...
  • ... Dr. Nupur Talwar was wearing peignoir ...
  • ... he was at the crematorium to perform obsequies of his daughter.
  • ... navvies used to take water from the water tank placed on the terrace.
  • ... that Hemraj was average built but he has no knowledge as to whether his willy was turgid. 
  • Punish Rai Tandon had come to her house on hearing boohoo.
  • The terminus a quo of Mr. Tanvir Ahmed Mir
  • Likewise, it has been contended by the learned counsel for the accused that the evidence of P. W.-36 Dr. Naresh Raj to the effect that swelling of the pecker of Hemraj was because either he had been murdered in the midst of sexual intercourse or just before he was about to have the sexual intercourse which he has stated on the basis of marital experience is nothing but a medical blasphemy and this part of evidence smacks of his lack of knowledge of forensic science and he has never stated such fact to the investigators Anil Kumar Samania, C.B.I. Inspector S.H. Sachan and Mr. A.G.L. Kaul under section 161 Cr. P.C. and thus in the court he has given the above statement for the first time after making improvements and hence no reliance can be placed upon such testimony of Dr. Naresh Raj. (1. This is a 141-word sentence!! 2. "Pecker" is a North American vulgar slang for "penis")
  • ... and as such it becomes pellucid that from the evidence ...
  • ... and the accused deserve compurgation by giving them benefit of doubt.
  • It was also harangued that indubitably both the murders were...
  • I have cogitated over the rival submissions...
  • The concept of benefit of doubt has been explained in many decisions which have been consistently followed in a catena of cases, and are referred to infra for ready reference...
  • ... has settled the law on this aspect and there is no legal maelstrom about it.
  • The law on circumstantial evidence is not tenebrous.
  •   ... five golden principles of standard of proof required are decocted...
  • ... which is sentinelled by security personell...
  • From the evidence it is established that both the accused changed their vestures.
Judges and lawyers would do everyone a favour by using simpler English and shorter sentences rather than trying to impress the reader with such pompous and archaic language.  

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