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Bombay HC to hear Goa govt's appeal challenging Tarun Tejpal's acquittal
Tarun Tejpal was accused of raping a colleague in an elevator of a five-star hotel in Goa during a Tehelka magazine event in November 2013
The Goa bench of the Bombay high court will on Wednesday hear a petition filed by the Goa government against former Tehelka magazine editor Tarun Tejpal's acquittal in a rape case. Tejpal was deemed 'not-guilty' by a fast-track court on May 21 in a judgement that has been called “perverse” and “influenced by extraneous inadmissible materials and testimonies” by the Goa government.
The 58-year-old former journalist was accused of raping a colleague in an elevator of a five-star hotel in Goa during a Tehelka magazine event in 2013.
According to the complainant, Tejpal raped the woman inside the lift of the hotel on November 7, 2013 and attempted to assault her again the next day. Tejpal, who refuted the charges in court and was subsequently acquitted, had been out on bail since 2014.
The Goa government seeks a re-trial based on the trial court's "lack of understanding of a victim's post-trauma behaviour". In its verdict, the court suggested that the woman did not behave in a manner consistent with a victim of sexual assault.
“The printouts of photographs clearly proves that the prosecutrix was absolutely in a good mood, happy, normal and smiling at the time she… did not look distressed or traumatized in any manner whatsoever though this was immediately a few minutes after she claims to have been sexually assaulted by the accused putting her in a state of panic and trauma,” the verdict said.
According to news agency PTI, the appeal was filed before the high court last week and amended this week to bring on record the judgement.
“The trial court, in its 527-page-judgment, 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 (Tejpal),” the appeal read.
In its challenge to the acquittal of Tejpal, the Goa government is also relying on the former journalist's apology email to the victim, which he sent in November 2013. In the email, he apologised “unconditionally for the shameful lapse of judgement that led me to attempt a sexual liaison with you on two occasions on 7 November and 8 November 2013, despite your clear reluctance that you did not want such attention from me”.
On being acquitted, Tejpal had thanked the judge for "standing by the truth".
“In November 2013 I was falsely accused of sexual assault by a colleague. Today the Hon’ble Trial Court of Additional Sessions Judge Kshama Joshi, in Goa, has honourably acquitted me. In an awfully vitiated age, where ordinary courage has become rare, I thank her for standing by the truth,” he said.
