HC dismisses Tejpal petition to quash charges against him

Rules there is sufficient evidence to frame charges; Judge states trial court order does not warrant interference in revision

Team Herald
PANJIM: In a major setback to journalist Tarun Tejpal, who is under trial for rape, the High Court of Bombay at Goa dismissed his petition seeking quashing of rape and other charges against him. The High Court ruled that there is sufficient evidence on record to frame charges against Tejpal.
Justice Nutan Sardesai’s order came in response to a petition filed by Tejpal seeking to quash charges of rape, outraging modesty, sexual harassment and other charges levelled against him by a former woman colleague. The Additional District & Sessions Court had framed charges against Tejpal paving way to commence the trial in the case. 
“…no case whatsoever is made out for interference therewith and hence, the revision petition is dismissed. There was sufficient material on record to frame charge against the accused,” Justice Sardessai said in her 27-page order on Wednesday. 
The order states that the findings of the trial court Judge do not warrant any interference in revision on the premise that the order is either incorrect, illegal or lacking in propriety as to exercise the powers vested in this Court.
“On a proper appreciation of the material at large, the findings rendered by the learned Judge and the various judgments on the point, the impugned order cannot be attacked on the ground of illegality, correctness or perversity,” the Judge observed.
The Judge, while referring to the petitioner’s arguments on inconsistency in the version of victim and other witnesses, said it was not the appropriate stage to do so at the stage of framing of charge against him. 
The former editor-in-chief of Tehelka is facing charges under sections 354-A (sexual harassment and punishment for sexual harassment), 376 (rape), 376(2)(k) (rape by a person being in position of control or dominance) of the IPC. He is also charged under Sections 341 and 342 (punishment for wrongful restraint), 376 (2) (f) (person in position of trust or authority committing rape), 376C and 354 (outraging modesty) of IPC.

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