Consulting Senior Advocates does not lessen credibility, judgment is consumed by sexual gossip: State of Goa in amended Tarun Tejpal appeal

In an amended appeal filed before the Bombay High Court, the State of Goa has called for the setting aside of the order passed by the District and Sessions Court at Panaji acquitting former Tehelka magazine Editor-in-Chief Tarun Tejpal of rape and sexual assault charges..Calling for a retrial in the case, the appeal states that the 527-page judgment has been influenced by extraneous inadmissible materials and testimonies, graphic details of the past sexual history of the victim, which is prohibited by law. The same has been used for the purpose of censuring the prosecutrix's character, and discrediting her evidence, the appeal stated."The entire judgment focusses on indicting the complainant witness rather than trying to ascertain the culpable role of the Respondent Accused," it is added..Finding that prosecutrix was not looking sufficiently traumatised.The appeal also raised grievance against the adverse inference drawn against the prosecutrix for not looking sufficiently traumatised or appearing fearful after the two incidents and in the messages she exchanged after the incidents."Not only do the above observations betray a complete lack of understanding of post-trauma behaviour of victims, they also demonstrate complete ignorance of the law," the government stated. .The State further added that the trial court adopted the most absurd reasoning while judging the prosecutrix and the persons she chose to confide in.The Court disbelieved the version of the prosecutrix on the basis of a conception as to how a victim is expected to behave while being sexually assaulted."This finding by the Trial Court is unsustainable in law and is coloured by prejudice and patriarchy.".Consulting Senior Advocates did not lessen credibility.The State further submitted that the fact that the prosecutrix consulted Senior Advocates did not in any way lessen the credibility of her allegations. Despite this, to accuse Senior Advocates, a social worker and others who may have sought to help the complainant, of possibly doctoring the evidence, is absurd and unknown to judgment writing. Such factors vitiated the entire decision making process as it considers completely irrelevant circumstances, the State submitted. .Five path-breaking principles on criminal jurisprudence that emerge from the Goa Sessions Court's Tarun Tejpal judgment.Prosecutrix's accomplishments were used against her.The State has contended that the trial court unfortunately deployed the prosecutrix’s strengths and accomplishments to dispute her testimony. "It appears that the victim’s work in the field of gender and an article on compensation for rape survivors authored by the prosecutrix and such other accomplishments have, in the eyes of the Trial Court, impacted her credibility......It is baffling that while qualifications of the prosecutrix and her work in matters relating to gender have been used against her to discredit her testimony, the Trial Court has adopted no such standard while appreciating the defence of the accused," the appeal stated, pointing out that Tejpal himself was educated and a man in a position of power..Manner of recording evidence.The appeal further contended that the manner in which the evidence of the prosecutrix was recorded required 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," the government stated. It is further submitted that the trial court has used these very questions and material to discredit the prosecution even thought "they were neither relevant to the case, nor could they have been put to PW1 under law"..Much of the impugned judgment has been "consumed by sexual gossip and alleged sexual fantasies" related to the prosecutrix which were legally prohibited, the appeal stated.The State went on to contend that the trial court itself recorded in the impugned judgment that some of these messages need to be “glossed over”, a phrase unknown to legal and judgment writing.It was also pointed out that the "demeaning and humiliating manner" in which the trial court placed reliance on the details happening inside the lift showed the "attitudinal and perceptional bias"..On May 21, the Court acquitted Tejpal of all charges which included wrongful confinement, assault or criminal force with intent to outrage modesty, sexual harassment along with rape against his female colleague which was challenged by the State of Goa. The Goa Bench had in the last week had ordered the Additional Sessions Judge Kshama Joshi to redact the references to the identity of prosecutrix and her family members in the judgment.The Court also permitted Solicitor General Tushar Mehta's request to amend the grounds in the appeal since the State received the judgment only on May 25.The matter will be heard next on June 2, 2021.