Team Herald

PANJIM: Senior journalist Tarun Tejpal, facing trial in a rape case, submitted to the High Court of Bombay at Goa CCTV footage retrieved from outside the elevator of a starred-hotel arguing that there cannot be a case against him.

Senior Advocate Aman Lekhi and advocate Pramodkumar Dubey representing Tejpal submitted CCTV footage before the bench to support Tejpal’s contention that he has been falsely accused of rape, outraging modesty and sexual harassment by Crime Branch (CB). 

“CCTV footage shows that the petitioner (Tejpal) and prosecutrix (victim) were out of the lift walking leisurely not indicating any sign of distress or outrage. After the alleged incident, the prosecutrix accompanied Tejpal for the second time next day in the same lift without showing any sign of distress,” Lekhi said, pleading dismissing all charges against the former editor-in-chief of the magazine Tehelka. The court has reserved the order on the petition. 

CB’s investigation into the November 2013 case pointed out that the victim came out of the elevator adjusting her clothes while Tejpal followed her. 

“It is clear in the CCTV footage, dated November 7, 2013, outside the lift in Block 7 of the hotel that something went wrong in the lift. The footage initially shows Tejpal and the victim woman accompanying Hollywood actor Robert De Niro to the latter’s room. This was around 9 pm when Tejpal is seen entering the lift with his hands on the shoulders of the young journalist (victim). One-and-half hours later, around 10.30 pm, Tejpal is seen near the same elevator on the ground floor pulling the woman inside. The woman is seen coming out of the elevator adjusting her clothes and running down the steps as Tejpal follows her,” the then investigating team member of the CB had stated based on the victim’s deposition and CCTV footage.

Tejpal recently moved the High Court seeking that the charges against him be dismissed. In September, the North Goa Additional District & Sessions Court in Mapusa framed charges under sections 354-A (sexual harassment and punishment for sexual harassment), 376 (rape), 376(2)(k) IPC (rape of a woman by a person being in position of control or dominance over the woman) by Crime Branch. The probe later added sections 341 and 342 (punishment for wrongful restraint), 376 (2) (f) (person in position of trust or authority over women, committing rape of such women) and 376C IPC (sexual intercourse by person in authority) and Section 354 (outrage modesty) of IPC.

Lekhi said that the charges were framed by the lower court without considering material evidence on record that shows the prosecutrix was not restrained, neither confined nor her modesty outraged by Tejpal. He also argued that the investigating officer in the case had failed to examine several crucial witnesses which were named by the woman journalist in her statement. The investigating officer also withheld the CCTV footage from the applicant, who had to get through the order by the Supreme Court.

Public Prosecutor Saresh Lotlikar claimed that the trial court has come to a conclusion that primary case has been made out as the charges are already framed, and that charges against the accused shouldn’t be dismissed without trial in the case.