TEAM HERALD
teamherald@herald-goa.com
PANJIM: Tarun Tejpal of Tehelka, who is being investigated for allegedly sexually assaulting his woman colleague in the lift of a hotel in Bambolim last year, told the North District & Sessions Court that the act was consensual.
The submission was made during his bail application hearing last week, which was dismissed by the court subsequently. His counsel Advocate Amit Desai had argued that the consensual act was converted into a criminal act.
“A purely consensual act has been turned into a criminal act. The ingredients of section 376 IPC (rape) are not made out,” he had said.
The 21-page order copy also mentioned that the defence had requested Principal Sessions Judge Anuja Prabhdeusai to look into the social background of the victim, her persona, sense of understanding and values before deciding the bail application.
It may be recalled that certain portion of the arguments were held in-camera after advocate Desai told the Court that what he may speak about the victim may be uncomfortable at any stage of the proceedings.
“…the victim is an educated emancipated woman who wanted an apology to be published on the Letterhead of Tehelka…she cannot be compared to a girl from tradition bound non-permissive society of India who would be extremely reluctant to make such revelation in fear of being shunned by the family or the society,” he had argued, which has been disclosed through the release of the order copy.
The defence had also pointed out that the victim wanted to settle the matter with an apology and something that was being worked out secretly but after a suo motu cognizance was taken by Goa police, she was constrained to lodge a complaint. The application also highlighted that Tejpal has been made a victim of media frenzy and media trial, which is maligning his reputation. He further argued that the victim’s statement had serious inconsistencies and hence it cannot be accepted as gospel truth.
The Judge, who viewed the CCTV footage outside the lift, has established the version of the victim in the order copy while also ruling out consensual act, as stressed by the defence. Referring to the victim’s boyfriend and witnesses’ testimony, the Court opined that prima facie these corroborate the victim’s allegations that Tejpal sexually abused her.
“I have also viewed the relevant CCTV footage and in my considered view, the same does not falsify the version of the victim. It is also pertinent to note that the email/SMS messages exchanged between the applicant and the victim prima facie supports the version of the victim and rules out the possibility of consensual act or false implication,” Judge Prabhudesai observed.
The Court also observed that it cannot be oblivious of the emotional turmoil and psychological injury victims suffer on being molested or raped and ensuing consequences. “Hence, at this stage of bail, undue importance cannot be given to minor inconsistencies or discrepancies in her statement or delay in reporting the incident,” it added. The Court also refused to consider the allegations on her character. “Even on merits, the character of the victim or the past conduct involving Bob Geldof or the alleged aftermath on the stormy evening would not be relevant for deciding the issue of content,” it said further.
