Photos Showed Her To Be Cheerful, Not Traumatized, No 'Rape-Victim' Behaviour : Goa Court In Tarun Tejpal Case

Seen at late-night parties, smiling in pictures on subsequent days are some of the observations made by the fast-track court in Goa about the victim, to hold that she did not "demonstrate" a rape victim behaviour. "The photos show the prosecutrix to be absolutely cheerful and with a smile on her face and not disturbed, reserved, terrified or traumatised in any manner," special Judge Kshama Joshi observed about pictures taken on November 9, a day after the alleged second assault by Tehelka Magazine's Editor-in-Chief Tarun Tejpal. "It is extremely revealing that the prosecutrix's account neither demonstrates any kind of normative behaviour on her own part – that a prosecutrix of sexual assault on consecutive two nights might plausibly show nor does it show any such behaviour on the part of the accused." The bench held. The fast-track court in Goa acquitted Tejpal on May 21, however, a reasoned 527-page order was made available only on Tuesday. WhatsApp Messages The court relied on Watsapp messages by the prosecutrix to state that her claims about staying back in Goa after the festival because she was traumatized by Tejpal's behaviour, was a lie, and she always had plans to stay back. "Message clearly shows her intention in advance of staying back in Goa post the THiNK festival, and shows up entirely as a lie [in] her narrative of being traumatized and disgusted by the accused Tehelka and her abandoning her duties and choosing to stay on in Goa as a result. Instead, it shows that she had never intended to return to Bombay as per schedule and had informed no one or taken leave." Mother Didn't Change Plans for 'Traumatized Daughter' Moreover, the judge made adverse remarks against the woman's mother to say the victim did not appear traumatized. "The conduct and attitude of the mother of the prosecutrix towards her speaks volumes about the 'state of trauma' the prosecutrix was in." The court said the prosecutrix's mother, did "not change any plans to offer the most natural support to her traumatised daughter," despite learning of the alleged assault. "The evidence on record shows that the Prosecutrix did not meet her mother after the festival was over, but that's not because her mother was living with her colleagues. It is already clear from the WhatsApp messages that the prosecutrix had made plans in advance to stay in Goa with XXXXX and to party with XXXX, for which too, there is Whatsapp evidence in the prosecutrix's own words and the alleged incidents lf 7 and 8 November in no way changed her or her mother's plans. "Such circumstantial evidence which does not support the case of the prosecutrix and the testimony of the prosecutrix cannot be relied on without corroboration and hence there is a doubt created considering the facts and circumstances." The bench further held, "There are many facts which have come on record which create doubt on the truthfulness of the prosecutrix." Possibility of Doctoring Evidence with Experts Help The court noted that the victim had contacted the National Commission of Women (based on whose representation the FIR was registered), and a women's rights lawyer was guiding her on how she should draft the complaint. After the incident came to the woman spoke to a senior advocate whose name was saved as "Bhrahmastra" in her phone. "Which translates to 'most powerful weapon'," the judge observed. "With the help of experts, there may be a possibility of doctoring events or adding of incidents. Advocate for the accused has thus rightly submitted that the deposition of the prosecutrix has to be scrutinised from that angle," the court said. Voluntary Communication with Tejpal The judge held the woman's voluntary communication with Tejpal after the incident against her. The judge stated that if the victim was terrified of the accused why would she report to him and disclose her location the following day when she could have reported to three women. The prosecutrix sending the same message to the accused within a span of a few minutes without any message from him establishes she was not traumatised or terrified of being found and completely belies the prosecution's case that she was sexually assaulted again just before sending those messages, the court observed. Tejpal 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 company's official THiNK 13 event."The unnatural conduct of the prosecutrix is again relevant under Section 8 of the Evidence Act. The prosecutrix had admitted that there are two SMSes sent from her phone to the accused on 8/11/2013…..and that these messages were not sent by her in response to any messages," the court noted."The prosecutrix sending the above message to the accused proactively without any attempt by him to ask her where she...

Photos Showed Her To Be Cheerful, Not Traumatized, No 'Rape-Victim' Behaviour : Goa Court In Tarun Tejpal Case

Sharmeen Hakim

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