State seeks retrial of criminal offence against Tejpal

PANJIM: The Goa government has sought for a judicial scrutiny and retrial of the criminal offense against Tehelka magazine’s founder Tarun Tejpal. The appeal against Trial Court’s acquittal order which has been filed before the High Court of Bombay at Goa points out to a brutal attack on the vicitm’s character through a lengthy cross examination. 

“Because the manner in which the evidence of the prosecutrix was recorded in this case requires close judicial scrutiny. The cross examination of PW1 extending to almost 700 pages, spread over eighteen dates of hearing, was nothing short of a brutal attack on her character and alleged past sexual history designed to shame and humiliate her. Not only should these questions have been disallowed while recording evidence, but the Trial Court has gone so far as to use these very questions and materials to discredit PW1, although they were neither relevant to the case, nor could they have been put to PW1 under law,” the appeal states adding, “Much of the impugned judgment has been consumed by sexual gossip and alleged sexual fantasies related to the prosecutrix which were legally prohibited.”

Maintaining that Trial Court allowed scandalous, irrelevant and humiliating questions put to the victim, the appeal stated that the record of the case was without any check or scrutiny, and betrayed a complete lack of understanding of the statutory provisions and the law laid down in this regard by the Supreme Court. 

“This fact itself, accompanied by other attendant circumstances, clearly makes out a case for retrial in accordance with law,” it said.

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