Tejpal acquitted in rape case

Journalist thanks court for rigorous, impartial and fair trial; Public prosecutor says will appeal

Team Herald 

MAPUSA: The District Sessions and Additional Court on Friday acquitted Tehelka founder Tarun Tejpal in alleged sexual harassment and rape case filed in 2013 by his junior colleague in an elevator of a five-star hotel in Goa.

“Tejpal is acquitted. Special judge Kshyama Joshi pronounced the judgment and the reasons for acquittal will be known in due course of time but the State will be preparing an appeal against the judgement in the high court,” public prosecutor Francisco Tavora said.

The court was earlier due to pronounce the judgement in the case on April 27 but it was adjourned to May 12 as there was a shortage of staff due to the Covid-19 pandemic. It was again adjourned to May 19 due to power outage and then to May 21.

In a statement, Tejpal said, “In November 2013 I was falsely accused of sexual assault by a colleague. Today the Hon’ble Trial Court of Additional Sessions Judge Kshama Joshi, in Goa, has honorably acquitted me. In an awfully vitiated age, where ordinary courage has become rare, I thank her for standing by the truth.”

He added, “The past seven-and-a-half years have been traumatic for my family as we have dealt with the catastrophic fallout of these false allegations on every aspect of our personal, professional and public lives. We have felt the boot of the State, but through it all we have co-operated fully with the Goa police and the legal system, through hundreds of court proceedings. It is with profound respect that I thank this court for its rigorous, impartial and fair trial and for its thorough examination of the CCTV footage and other empirical material on record.”

Tejpal was arrested by Goa Crime Branch on November 30, 2013 and was granted bail on July 1, 2014, by the Supreme Court. Goa Crime Branch had filed a 2,846-page charge sheet against Tejpal in February 2014.

On September 29, 2017, the court framed charges against Tejpal under section 354, 354 A, 341, 342, 376, 376(2) (F) 376(2) (K) of Indian Penal Code. 

The trial in the case later commenced in March 2018 but was interrupted due to several reasons. Tejpal had also sought a discharge in the case, for which he first moved the sessions court and then the High Court and later the Supreme Court. However, in August 2019, the Supreme Court denied his plea and ordered that the trial be held in-camera (not open to the public) and be completed in six months. 

The trial commenced on December 7, 2020 and the survivor was examined and cross-examined for an entire month till January 7, 2021, by physical appearance and through video- conferencing.

The prosecution examined 71 witnesses and the defense had four witnesses, including family members of the accused and the survivor.

The trial concluded at the end of February 2021 and, after final arguments were made by both sides, the judgment was reserved.

Will file appeal in HC, says CM

Chief Minister Dr Pramod Sawant on Friday said that the State government will file an appeal before the High Court of Bombay at Goa, challenging the acquittal of Tarun Tejpal. 

Reacting to Tejpal’s acquittal, Sawant said that the government will not tolerate injustice on women in Goa and will challenge the court’s verdict before the High Court as early as possible.

“Of course the way the verdict is out there is injustice on victim woman. This injustice will not be tolerated in the State. We will file an appeal before the High Court against the lower court’s verdict,” Sawant said. 

Expressing his dismay over Tejpal’s acquittal, the Chief Minister said that there was enough documentary evidence against the accused, who according to him, cannot be acquitted. 

The Chief Minister further said that he had already spoken to the public prosecutor and the investigating officer and have told them to file an appeal before the High Court challenging Tejpal’s acquittal.

TIMELINE
November 18, 2013: Lady journalist complains to Tehelka’s then managing editor Shoma Chaudhari alleging sexual assault on her by magazine’s founder Tarun Tejpal. Seeks apology from Tejpal after he allegedly sexually assaulted her in the lift of a hotel in Bambolim on November 7-8, 2013
November 22, 2013: Goa Police registers suo motu case against Tejpal, three days after Tejpal had mailed to Chaudhari that ‘he was terribly ashamed the shameful lapse of judgment and the way he misread the situation’ 
November 22, 2013: Tejpal urges police to obtain, examine and release CCTV footage so that accurate version of events stands clearly revealed
November 27: 2013: Crime Branch issues summons asking him to appear before the IO at 3 pm on November 28 at Goa
November 29, 2013: District & Sessions Court grants Tejpal interim bail till next day. Tejpal arrives in Goa and deposes at Crime Branch
November 30, 2013: Tejpal arrested after anticipatory bail is rejected
February 17, 2014: Crime Branch files chargesheet running into 2846-pages, divided into 12 volumes with statements of 152 witnesses.
July 1, 2014: Supreme Court grants regular bail to Tejpal 
June 16, 2017: Additional District & Sessions court accepts Tejpal’s plea to conduct the trial in-camera
September 26, 2017: Tejpal contests framing of charges in High Court of Bombay at Goa. HC refuses to grant stay
September 28, 2017: Tejpal formally charged with rape and wrongful confinement by trial court
December 6, 2017: Supreme Court asks Goa court to begin trial 
December 7, 2017: Supreme Court asks trial court to record evidence in Tejpal case
March 16, 2018: In-camera trial commences, prosecution conducts victim’s examination in chief
August 19, 2019: Supreme Court rejects Tejpal’s plea to quash FIR filed against him claiming he was framed; directs the trial court in Goa to complete trial in six months.
October 21, 2019: Trial recommences
March 2020 to September 2020: Trial stalled on account of the outbreak of Covid-19 pandemic
October 27, 2020: Supreme Courts grants extension to complete the trial by March 31, 2021
January 6, 2021: Goa police submits supplementary chargesheet to trial court, says its wants to examine ten more witnesses
January 11, 2021: Trial court allows supplementary report but 
January 13, 2021: Examination of all supplementary charge sheet witnesses conclude
March 8, 2021: Arguments conclude
May 21, 2021: Fast track court acquits Tejpal of all charges 

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