Lekha G
The Goa Bench of the Bombay High Court has issued notice to Tarun Tejpal in an appeal challenging his acquittal in a rape case against his former female colleague at a hotel in Goa in 2013.
The Goa Government had appealed due to the Trial Court’s “Lack of understanding of a victim’s post-trauma behaviour” and further contended that the judgment was “Influenced by extraneous inadmissible materials and testimonies.”
Solicitor General Tushar Mehta appearing for the Goa Government pointed out that the insensitive remarks of the judges on the intelligence and knowledge of the law of the victim have set a bad precedent on how a sexual assault victim must behave during or post the assault.
The appeal read, “The Trial Court, in its 527- page-judgment has been influenced by extraneous inadmissible materials and testimonies, graphic details of the past sexual history of the victim, prohibited by law, and has used the same for purposes of censuring her character, and discrediting her evidence. The entire judgment focuses on indicating the complainant witness rather than trying to ascertain the culpable role of the respondent accused (Tejpal).”
Justice SC Gupte observed that there is a prima facie case to grant leave to hear the appeal and directed to place records and proceedings of the sessions case as the judgment had made observations merely on the evidence.
Tarun Tejpal was acquitted on all charges in the case on May 21 but the State had filed an appeal before Bombay High Court seeking a retrial.
The Bombay High Court during the hearing of the appeal ordered Trial Court to redact references of the identity of the victim and her family in the judgment and permitted the Solicitor General to amend the grounds of appeal.
