Goa govt seeks retrial in Tarun Tejpal case; cites trial court's observations

The Goa government in its appeal before the Bombay High Court against journalist Tarun Tejpals acquittal in a rape case said it was a fit case for retrial citing the trial courts lack of understanding of a victims posttrauma behaviour and censuring of her characterThe appeal filed before the HCs Goa bench was amended this week to bring on record the judgement and to include further grounds against the acquittal of TejpalThe government said the trial court considered the evidence given by defence witnesses as gospel truth but at the same time discredited without any finding the evidence given by the victim and the prosecution witnessesIt also claimed that the trial court completely ignored the most telling piece of evidence in the case the apology email which established the guilt of the accused beyond a shadow of doubtOn May 21 sessions judge Kshama Joshi acquitted Tejpal former editorinchief of the Tehelka magazine in the case where he was accused of sexually assaulting his then woman colleague in a lift of a fivestar hotel in Goa in November 2013 when they were attending an eventThe trial court in its judgement questioned the womans conduct noting she did not exhibit any kind of normative behaviour such as trauma and shock which a victim of sexual assault might plausibly showThe Goa government later filed an appeal against the acquittalIn its amended appeal which will be heard on June 2 the state government said the trial court had lost sight of the fact that it was Tejpal who was an accused and was on trial and not the victimThe entire judgement focuses on indicting the complainant rather than trying to ascertain the culpable role of the accused the appeal saidThe finding of the trial court on how a woman who has been a victim of sexual assault normally behaves is unsustainable in law and is coloured by prejudice and patriarchy it saidIn its appeal the prosecution sought the HC to expunge several portions of the judgement that cast aspersions not only on the prosecutions case but also on the victimThis fact accompanied by other attendant circumstances clearly makes out a case for retrial in accordance with law the prosecution saidReferring to portions in the judgement which noted that the CCTV footage and photographs from the event show the victim cheerful and smiling the government in its appeal said the observations betray a complete lack of understanding of the posttrauma behaviour of victimsThey observations of trial court also demonstrate complete ignorance of the law and also several directions and guidelines passed by the Supreme Court on how to handle such cases it saidThe trial court allowed scandalous irrelevant and humiliating questions to be put before the victim it saidThe trial court in its 527page judgement has been influenced by extraneous and inadmissible materials and testimonies graphic details of the victims sexual history that is prohibited by law and has used the same for purposes of censuring her character and discrediting her evidence the appeal saidThe manner in which the evidence of the prosecutrix victim was recorded in the case by the trial court requires close judicial scrutiny it saidMuch of the impugned judgement has been consumed by sexual gossip and alleged sexual fantasies related to the prosecutrix which are legally prohibited the appeal saidAlso ReadTarun Tejpal acquittal Bombay HC adjourns hearing to June 2The victim in her statement to police and to the court had said that while she was traumatised and shocked after the incident due to professional commitments she had continued working at the event the appeal further saidOn the trial court refusing to accept the apology e mail sent by Tejpal to the victim the government said the court has not given any cogent finding as to how a person of the education age and maturity of the accused who was in a position of power over the victim could in any manner be pressured into apologisingThe trial court has completely ignored the most telling piece of evidence in the case the apology email which established the guilt of the accused beyond a shadow of doubt the appeal saidIt further claimed the trial court was wrong in questioning the victims conduct post the incident and that she confided in three of her male colleagues about the incident instead of her female roommateThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever