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Bombay High Court Adjourns Appeal Against Tarun Tejpal's Acquittal In Rape Case Till July 29
Sharmeen Hakim
24 Jun 2021 7:23 AM GMT
Bombay High Court at Goa has adjourned the appeal against acquittal of Journalist Tarun Tejpal in rape case by a fast track court in Mapusa, GoaSenior Advocate Kapil Sibal appearing for the Respondent submitted before the Court that he had not been supplied with an updated copy of the appeal. "A copy of the judgement of the sessions judge not available"., he submitted.In response, the...
Bombay High Court at Goa has adjourned the appeal against acquittal of Journalist Tarun Tejpal in rape case by a fast track court in Mapusa, Goa
Senior Advocate Kapil Sibal appearing for the Respondent submitted before the Court that he had not been supplied with an updated copy of the appeal.
"A copy of the judgement of the sessions judge not available"., he submitted.
In response, the Advocate General appearing for the State submitted that an amended copy of the appeal along with all the Annexures would be served to the Respondent within a week's time.
Consequently, the Court passed an order directing the Advocate General to furnish copies of the amended appeal along with all the Annexures that are to be relied upon to the learned counsel of the Respondent within a period of maximum 1 week.
The matter has been listed for next hearing on 29th July 2021.
On June 2, a vacation bench of Justice SC Gupte issued notice Tejpal observing that the judgement appears to provide a "manual" on how rape victims should behave.
Tejpal, co-founder and former Editor-in-Chief of Tehelka Magazine was acquitted of all charges on May 21 by a fast track court in Mapusa, Goa. He was accused of forcing himself on his junior colleague against her wishes, inside an elevator of the Grand Hyatt, Bambolim, Goa on November 7 and 8, 2013, during the magazine's official event - the THiNK 13 festival.
In her 527-page judgement, Special Judge Kshama Joshi extensively commented on the woman's non-rape victim like behaviour and faulty investigation to grant Tejpal the benefit of the doubt.
On May 27, Justice Gupte directed the trial court to redact all references revealing the victim's identity while uploading the order on its website and permitted the Goa Government to amend its' Leave to Appeal.'
In its amended grounds for appeal u/s 378 of the CrPC the Goa Government has cited the trial court's lack of understanding of a rape victim's post-trauma behavior, using her past sexual history and education as legal bias against her, and making observations driven by "patriarchy" to challenge the judgment acquitting journalist Tarun Tejpal. It has also kept the option of re-trial open.
The appeal also seeks expunging of all such portions of the victim's evidence that are not in conformity with Sections 53A and 146 of the Indian Evidence Act. These sections make it inadmissible and impermissible to ask questions about a victim's past sexual history when issues regarding consent are involved.
He was tried for committing offences punishable under IPC Sections 341 (wrongful restraint), 342 (wrongful confinement), 354 (sexual harassment), 354A(1)(I)(II)(demand for sexual favours), 354B (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).
