Tejpal acquittal: Woman didn't behave like sexual assault victim, says Goa court

The normalcy of the victims behaviour following the alleged sexual assault as well as alleged untruths regarding the reasons for her staying back in Goa after the Tehelka Thinkfest in November 2013 may have impaired the prosecutions case in the rape trial against former editor Tarun Tejpal according to the judgementThe judgement by Additional District and Sessions judge North Goa Kshama Joshi has also underlined the glaring contradictions in the statements by the victim her mother and brother and stated that it would be extremely risky to base the conviction of the accused on the sole testimony of the prosecutrix when it does not inspire confidenceTejpal was accused by a junior colleague of assaulting her twice in November 2013 following which the former editor was charged with sections 376 rape 341 wrongful restraint 342 wrongful confinement 354A sexual harassment and 354B criminal assault of the Indian Penal Code Tejpal was acquitted of all charges on May 21 even as the Goa government has appealed against the acquittal in the Bombay High CourtThe prosecutrix has stated about her actions and emotions on the night of November 7 2013 and November 8 2013 as also of the next two days at Think the event where the said rape allegedly occurred where she claimed to be distraught in shock and trauma in fear and anxiety crying herself to sleep and shattered the judgement statesAlso ReadGoa govt challenges Tarun Tejpals acquittal in sexual assault case in Bombay HCIt further states that even if one allows for the fact that the victim sought out three male colleagues who were not intimate friends to share details about the alleged incident while making no mention of it to her roommate Sunaina and her closest friend at Tehelka Samia Singh or even her mother nothing can explain the absolute normalcy of her behaviour and state of mind inside the privacy of her own room given her own avowed state of mind such that the colleague sharing this small hotel room with her discovers two weeks later that the prosecutrix claims to have been sexually assaulted on those very nightsIn her statement the victim had said that she had mentioned about the alleged sexual assault to three male colleagues who were also assisting with the festival after the incidentThe judgement notes it crucial that her roommate did not hear her speak on the phone at any point in even a mildly disturbed state so as to alert her that something was amiss with the prosecutrix when the prosecutrix has stated that she was talking to her husband nearly for more than an hourThe victim had stated in her deposition that after the incident she had called her husband who was in Kenya at the time and narrated the harrowing account to himThe court also underlined the inconsistencies in the statements of the victim her mother and her brother adding that the victims statement did not inspire confidenceIn the instant case we do not find that the evidence of the Prosecutrix inspires confidence There are material omissions and glaring contradictions in the evidence of the Prosecutrix and her mother and brother Each of them have a different story to tell about the commission of the offence of rape on the prosecutrix on three occasions the judgement statesThe evidence of the prosecutrix in her examinationinchief and her crossexamination also differs on material particulars In these sets of facts it would be extremely risky to base the conviction of the accused on the sole testimony of the prosecutrix when it does not inspire confidence the judgement addsThe judgement also remarked that the victim had lied in her deposition with regards to the reason why she stayed back in Goa after the Tehelka Think event in November 2013 and that the reason was not to seek peace of mind after the alleged sexual assault The extended stay in Goa was planned and premeditated the judgement states based on Whatsapp chats with the victims friendsFurther the prosecutrix clearly told an outright lie that she does not know whether Danny was in Goa from November 6 2013 to November 11 2013 which is clear from the Whatsapp messages exchanged on October 30 2013 in Whatsapp group Elle Help Group whose members are Divyak Anchal and the Prosecutrix clearly shows that the prosecutrix knew Danny that he was a Russian and she had already announced that she is brining him to Goa the judgement statesIn her deposition the victim had initially denied knowing Danny a Russian national based in Mumbai but had later admitted to knowing him as film professionalThe below quoted WhatsApp message sent by the prosecutrix to PW15 victims friend Harsimran Gill A31102013 also clearly shows her intention in advance of staying back in Goa post Think and shows up entirely as a lie her narrative of being traumatised and disgusted by the accused and Tehelka and her abandoning her duties and choosing to stay on in Goa as a result the Court observed AInstead it shows that she had never intended to return to Bombay as per schedule and had informed noone nor taken leave the judgement addsThis 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