Recent 527 pages long judgement by Hon'ble Sessions Court of Goa acquitting Tarun Tejpal (TT), former Editor-In-Chief of Tehalka Magazine, reads like a mystery novel, exhaustive though, in which Hon'ble Judge unravels the mystery slowly and steadily. For readers outcome is known already yet a worthy read. Hon'ble Judge was asked to decide if version of woman pertaining to sexual assault at two occasions dated 7/11/2013 and 8/11/2013 was true beyond reasonable doubt. And since there was a version of TT as well, instead of a simple denial, it made it easy for Hon'ble Judge to decide whose version was supported by evidences on record. In the end, Hon'ble Judge concluded that since prosecution could not prove its case beyond reasonable doubt and version of TT that there was drunken banter between them seemed believable, hence total acquittal.
Few highlights of judgement that turned around the case in favour of TT are as follows:
Lift Circuit
From Para # 243 to 265 of judgement, Hon'ble Judge elucidates if lift was in-circuit/stationary for two minutes, period of first alleged sexual assault, with its doors closed as claimed by prosecution. Testimony of every single witness connected to the matter was analysed including technicians from Mitsubishi Elevator India Pvt. Ltd., manufacturer of lift, and even the manual of lift on record was gone into. Hon'ble Judge without hesitation concluded not only it could be established from CCTV footages on record that doors of lifts opened twice on the ground floor in the said period but also none of the testimonies of prosecution's witnesses could prove if there was way to set the lift in-circuit/stationary for two minutes with doors closed.
CCTV Footages
It is settled in criminal jurisprudence that prosecution can bring on record only those evidences supporting its case. It is expected onus is on Defence to bring on record evidences supporting its case. But something unheard of happened. Hon'ble Judge concluded that Investigating Officer (I.O.) destroyed the CCTV footage from 1st floor which could have backed the claim of TT that both the parties exited 1st floor by mistake on 7/11/2013 during the time period alleged assault took place in a closed lift thereby denying opportunity to Defence to debunk the claim of woman. Further, from CCTV footage of ground floor on 8/11/2013 it was clear that TT never pulled woman into lift by grabbing her wrist. There were other instances evident from CCTV footages, which Hon'ble Judge called most neutral evidence, proving woman's narrative can not be trusted.
Defense Witness 4 (DW4)
Testimony of DW4 was categorised as unimpeachable by Hon'ble Judge. DW4 turned the case of prosecution upside down. His testimony was of particular significance as he was the first person, woman met after the alleged first assault on 7/11/2013. It is interesting to note prosecution did not present him as its own witness in fact woman not only removed his name in a third version of complaint sent out via e-mail on 18/11/2013 to Managing Editor Shoma Chaudhary of Tehalka but subsequently from statements to I.O. and Metropolitan Magistrate. Woman could not satisfactorily answer when asked for the reason to remove the name of DW4. As per testimony of DW4, woman informed him on 7/11/2013 after the alleged first assault that she is flirting with TT followed by a detailed discussion, in afternoon of 8/11/2013, about what transpired between her and TT on 7/11/2013, which obviously was in support of TT and leading to woman hiding facts in the eyes of Hon'ble Judge. It was revealed by the cross-examination of woman that although in her second version of complaint on 16/11/2013 she accepted to have met DW4 and confided to him about the alleged first assault but then subsequently claimed to have never informed DW4 about the assault a clear attempt to discredit DW4 as witness.
State of Mind of Woman
Hon'ble Judge goes in detail describing the state of mind of woman after the two alleged assaults. To prove woman's state of mind reliance is made on various WhatsApp chats, SMS messages and CCTV footages on record by sewing them together beautifully. Never ever questioning the character of woman because of her various sexual encounters in the past and two consensual sexual encounters with the VIP guest, referred as Grandpa by woman, on 8/11/2013 and 9/11/2013 past midnight which were few hours after two alleged assaults in the nights of 7/11/2013 and 8/11/2013 respectively, Hon'ble Judge tries to answer if woman can be trusted for making allegations there is no eyewitness to. Hon'ble Judge concludes that behaviour of woman overall was contrary to as claimed by her being traumatised, scared and shocked after assaults.
In conclusion, this blogger would like to make following points:
- Below lines from judgement describes an important trait of woman, quintessential to trial, whose false and frivolous allegations put an innocent person, proven, on a path where he lost his dignity, self-respect, livelihood and many lives associated with him were severely impacted. One would think only in a movie one would come across a character as played by Jim Carrey in - Liar Liar - but guess what there is one in real life now.
- There is no choice but to fight back false and frivolous cases/allegations even if there is a choice still one must fight back to be instrumental in bringing judgements like one discussed in this blog. The said judgement would inculcate fear in the minds of accusers which is what need of hour is given every biased law can be easily twisted to set the mighty machinery of System in motion against innocent persons.
- If this blogger needs to guess what would have made woman to make false allegations then a possible reason seems once woman told daughter of TT on 8/11/2013 about her drunken banter with TT on 7/11/2013, daughter of TT confronted TT in turn TT confronted woman. Things started to take downward spiral after that and woman eventually had a fear of loosing job. But real reason can only be revealed by woman now that allegations could not stand the scrutiny of law.
