The appeal, filed before the HC’s Goa bench, was amended this week to bring on record the judgment and to include further grounds against Tejpal’s acquittal
Tarun Tejpal. File pic
The Goa government, in its appeal before the Bombay High Court against journalist Tarun Tejpal’s acquittal in a rape case, said it was a fit case for retrial. It cited the trial court’s lack of understanding of a victim’s post-trauma behaviour and censuring of her character.
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The appeal, filed before the HC’s Goa bench, was amended this week to bring on record the judgment and to include further grounds against Tejpal’s acquittal. The 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 witnesses”. It also claimed that the trial court completely ignored the most telling piece of evidence in the case (the apology e-mail) “which established the guilt of the accused beyond a shadow of doubt”. Sessions judge Kshama Joshi acquitted Tejpal on May 21. The finding of the 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 said.
Referring to portions which noted that the CCTV footage and photos 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 post-trauma behaviour of victims”. They (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 said.
The trial court allowed “scandalous, irrelevant and humiliating questions” to be put before the victim, it said.
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