The Goa government on Tuesday, 10 August, opposed former editor-in-chief and co-founder of Tehelka magazine, Tarun Tejpal's plea in Bombay High Court, requesting an in-camera hearing in the rape and sexual assault case. He was accused of sexual assault against his former female colleague.
Tejpal's lawyer, senior Advocate Amit Desai said that the appliaction has been filed keeping in mind the nature of the case being heard, reported LiveLaw.
"Because of the sensitivity of the issue (in the case), what (evidence) that will be read out.. This is not adversarial, I believe," Desai submitted.
Every proceeding in the case so far had been through in-camera hearing only, he further added, the news website reported.
Goa Govt's Response to Tejpal's Plea
To this, Solicitor General Tushar Mehta appearing for the Goa government opposed the request and submitted that he normally wouldn't oppose such a request but in this case, it's about 'institutional failure' that has resulted in potentinal victims having a fear to reach the court.
"The way our institution has failed, leaving an inevitable impression upon all victims of sexual violence, and onslaught, that it has a deterrent effect on potential victims. They might not come before the court," Mehta submitted, Live Law reported.
He argued, "The country has a right to know what happened with the girl, who came with a complaint, precise facts, corroborative evidence."
"In a lighter vein, there are two ways clothes are removed, first is when accused removes clothes of the victim, and the second is when his clothes are removed in court of law," Mehta added.
To this, Desai argued that it was unfair to accuse and point fingers at the institution just because the order was not in favour of the State.
The Court has given time to Mehta to persue the application in-camera hearing and respond at the next hearing date, reported Bar and Bench.
It was requested from the counsels that the case should be taken up for hearing via video conference. The Bench has clarified that physical hearings will be commenced from next week. It has also directed the parties to approach the Chief Justice with a joint request for a virtual hearing.
The next date for hearing is 31 August, 2021.
Tejpal Acquitted Of All Charges in May
The trial court had acquitted Tejpal of all the charges on 21 May.
Tejpal was accused of forcing himself on his colleague inside an elevator of the Grand Hyatt, Bambolim, Goa on 7 November 2013, during the the magazine's official event - the THiNK 13 festival.
He was booked under was booked under IPC Sections 341 (wrongful restraint), 342 (wrongful confinement), 354 (sexual harassment), 354A(1) (I) (II) (demand for sexual favours), 354B (assault or use of criminal force to woman with intent to disrobe), 376 (2) (f) (person in a position of authority over women, committing rape), and 376(2) (k) (rape by a person in a position of control).
The trial court said that the 'woman's behavior' and 'non-victim behaviour' was a key factor in 'undermining her case', the order said.
“It is extremely revealing that the prosecutrix’s (victim) account neither demonstrates any kind of normative behaviour on her own part – that a prosecutrix of sexual assault on consecutive two nights might plausibly show nor does it show any such behaviour on the part of the accused," wrote special Judge Kshama Joshi in her 537-page judgment.
Later, an appeal was filed by the state before the Bombay High Court challenging the acquittal order and seeking a retrial.
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