The Goa bench of the Bombay high court will hear the Tarun Tejpal case on August 10, according to reports. The court on May 21 had acquitted journalist Tarun Tejpal of sexually assaulting a former female colleague.
Tejpal, former Tehelka editor-in-chief, was accused of sexually assaulting the colleague inside the elevator of a luxury hotel in Goa in 2013.
The goa government early this month had urged the court to expunge portions of the evidence alleging that it violated the Indian Evidence Act and the Sessions Court had “scandalously and voyeuristically” recorded details of the victim’s sexual history in its 527-page judgment.
On June 24, Goa Advocate General Devidas Pangam and Additional Public Prosecutor Pravin Faldessai had told the court that they would provide a copy of the further amended appeal to the Tejpal’s advocate in a week. The court was expected to hear the case further on July 29.
The state government, urging the court to set aside the trial court’s judgment acquitting Tejpal, stated that the trial court “has been influenced by extraneous inadmissible materials and testimonies, graphic details of the past sexual history of the victim, prohibited by law and has used the same for purposes of censuring her character, and discrediting her evidence. The entire judgment focusses on indicting the complainant witness rather than trying to ascertain the culpable role of the Respondent Accused,” the statement said according to The Indian Express.
The Goa court had given a benefit of the doubt to Tejpal while acquitting him. Judge Kshama Joshi, in her detailed written order, has said that “upon considering evidences on record, benefit of doubt is given to the accused because there is no corroborative evidence supporting the allegations made by the complainant girl.”
“It cannot be lost site (sight) that rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause an equal distress and humiliation and damage to the accused as well,” the judge noted.
Rejecting the assertion that the victim was traumatised, the court has said some of the WhatsApp messages of the woman show she was not traumatised as claimed and had plans to stay in Goa after the official event (organised by the magazine) where the alleged crime was committed.
The court has said the statement of the woman’s mother “do not corroborate or support the statement of the complainant girl that she was in trauma due to alleged rape, as neither the complainant girl nor her mother changed their plans.”
The judge observed that the complainant has made many conflicting statements. “There are many evidence on record which create doubt on the truthfulness of the complainant girl,” the court said.
Pointing out loopholes in the probe, the judge said it is the fundamental right of the accused to have a fair investigation but the IO has committed omission and commission while conducting the investigation. The judge has said the Investigating Officer destroyed crucial piece of evidence in terms of CCTV footage of the 1st floor of 7th block of the hotel, which was clear proof of innocence of the accused.
The Goa police registered an FIR against Tejpal in November 2013 following which he was arrested. The Goa crime branch had filed a charge sheet against Tejpal, who has been out on bail since May 2014.
He faced trial under IPC sections 341 (wrongful restraint), 342 (wrongful confinement), 354 (assault or criminal force with intent to outrage modesty), 354-A (sexual harassment), 354-B (assault or use of criminal force to woman with intent to disrobe), 376(2)(f) (person in a position of authority over women, committing rape) and 376(2)k) (rape by a person in a position of control).
(With PTI Inputs)
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