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Tarun Tejpal Case Judge ‘Did Not Apply Mind’: Goa Government Declares Retrial | India News

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PANAJI: The Goa government, in its amended application to the Bombay High Court in Goa, has requested a retrial of the rape case against Tehelka’s founder and publisher, Tarun Tejpal, claiming that the judge did not apply his mind when issuing the ruling that acquitted him.
The state has asked the court to allow the request and grant permission to appeal. The request was filed Monday and is likely to undergo a hearing on Wednesday.
“The court did not believe the version of the accuser (survivor) based on a conception of how a victim is expected to behave while being sexually assaulted. It is very respectfully presented that this finding of the lower court is untenable in law and is tainted by prejudice and patriarchy, ”the application says.
The request states that the court of additional sessions did not consider a judgment of the Supreme Court (Aparna Bhat v. The state of Madhya Pradesh), which held that the courts should refrain from commenting on the conduct of the prosecution in rape trials based on In habits such as smoking, drinking alcohol and sexual history, among other things.
The lawsuit also says that the “apology” sent by the defendant to the survivor after the incident, corroboration of the survivors’ testimony of her colleagues who testified in court, and the various text messages exchanged between the defendant and the prosecutor shortly after the incidents of alleged rape were not considered by the court of first instance.
“Said apologies sent just one day after the prosecution filed the complaint were an unequivocal admission of the incidents alleged by the prosecution, facts without incentive, threat or promise,” the request says, adding that the apologies are admissions under Section 21 of the Indian Evidence Act. It stated that the trial court had completely ignored “the strongest evidence in the case, which establishes the guilt of the accused beyond a shadow of a doubt.”
The state government also said that the trial court had criticized the investigating officer regarding the seizure of the DVRs on November 29, 2013, and has further suggested that the investigating officer had destroyed the CCTV footage of the first floor of the 7 of November. 2013.
“The trial court has ignored the fact that the original DVRs are deposited with the court and have also been forensically examined by CFSL, Hyderabad, first at the request of the police and then subsequently in accordance with the order of the higher court , “said the state.
Referring to the sentence that mentions “drunken jokes” between the defendant and the survivor, the lawsuit noted: “The mere fact that the prosecution has chosen to remain silent about the defendant’s repeated attempts to create a defense for himself does not lead to the inference that the prosecutrix had accepted his version. ”
The state also said that the FIR was not searched at the request of the prosecution but by the state of Goa, suo motu, upon learning of the alleged violation inside the elevator. Consequently, there was no occasion for the prosecution to have any meaningful medical examination, and this fact cannot be charged against him, the application says.
“The trial court has drawn an adverse inference against the survivor for not being sufficiently traumatized or fearful after the two incidents and in the messages she exchanged after the incidents,” the state said.



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