Lekha G
The Goa Court seeks retrial of Tarun Tejpal’s acquittal in a rape case citing that the Trial Court’s lack of understanding of a victim’s post-trauma behaviour and censuring of her character.
The Goa Government claimed that the Trial Court ignored the crucial piece of evidence, the apology mail that established the guilt of the accused and completely focused on indicating the complainant rather than the accused.
The questioning of the Trial Court on the woman’s conduct on whether she exhibited any kind of “Normative behaviour” such as trauma or shock after sexual assault is “Unsustainable in law and is coloured by prejudice and patriarchy,” said the appeal.
However, the victim contended that due to professional commitments she continued working post the incident even though she was traumatized and had confined in three of her male colleagues.
The appeal also requested judicial scrutiny into the manner the evidence of the victim was recorded in the case by the Trial Court.
The appeal further said that, “The entire judgment focuses on indicating the complainant rather than trying to ascertain the culpable role of the accused.”
On May 21, Sessions Judge Kshama Joshi had acquitted Tejpal, former editor-in-chief of the Tehelka magazine in a 2013 rape case where he was alleged of sexually assaulting his then women colleague in a hotel in Goa
