Tarun Tejpal verdict like a ‘manual for rape victims says
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PANAJI: The Goa bench of Bombay excessive court docket on Wednesday issued discover to Tehelka founder-editor Tarun Tejpal within the Goa authorities’s attraction difficult his acquittal by a trial court docket in a rape case and mentioned some observations within the judgment concerning the conduct of the survivor after the alleged incident have been “kind of a manual for rape victims”.“There is a prima facie c ase for consideration of leave to appeal under Section 378 of the Criminal Procedure Code,” Justice SC Gupte mentioned.
Referring to the extra classes court docket judgment, Gupte mentioned, “The prosecution case isn’t solely absolutely acknowledged, the gist is given straightaway, and feedback are provided on the witnesses of the prosecution”.
During the listening to, solicitor-general of India Tushar Mehta raised the purpose that the decide mentioned the conduct of the survivor and the way a sufferer of a sexual offence ought to behave. He additionally objected strongly to the trial court docket’s observations concerning the conduct of the survivor when she was kissed by the accused.
Mehta advised the excessive court docket that on perusal of the judgment, “one cannot make out” if the survivor or the accused was on trial. “The entire judgment proceeds as if the victim is on trial,” he mentioned.
“‘It is not possible to believe that the prosecutrix (survivor), a woman who is aware of laws, intelligent, alert and physically fit (a yoga trainer), would not push or ward off the accused if she got pushed up against the wall, especially when she was facing him, and especially when she saw the accused coming uncomfortably close to her in her private space,’” Mehta quoted the classes court docket judgment as saying. The solicitor-general mentioned trial decide Kshama Joshi remained a mute spectator and didn’t forestall the defence from elevating questions in regards to the survivor’s earlier conduct.
Mehta additionally mentioned that the judgment states that the survivor consulted sure individuals (attorneys), and that has been held towards the survivor. He then requested the decide to redact the identify of those “eminent lawyers” from the judgment.
“We have redacted most of the direct references to the victim’s identity,” Justice Gupte mentioned, including that this matter (of deleting the attorneys’ names) may be raised on the subsequent listening to.
Earlier this month, Kshama Joshi had acquitted the accused, stating, “Upon contemplating the opposite proof on file, the advantage of doubt is given to the accused as there is no such thing as a corroborative proof supporting the allegations made by the prosecutrix
The trial court docket decide had added, “It is essential to notice that the contradictions are sometimes so obvious that the precise reverse of what the prosecutrix is claiming really occurs on the display, but the investigation officer didn’t even query the prosecutrix on the identical.”.


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