Possibility of doctoring of events with the help of experts: Goa Court in Tarun Tejpal acquittal

In its judgment acquitting former Editor-in-Chief of Tehelka magazine Tarun Tejpal, the District and Sessions Court at Panaji, Goa observed that the prosecutrix may have doctored the events with the help of experts. .Additional Sessions Judge Kshama Joshi observed that the prosecutrix was a journalist who had written articles on issues pertaining to offences against women, including rape and sexual harassment. In view of this fact and based on depositions by various witnesses, the prosecutrix was well-conversant with the amendments to the Indian Penal Code post the 2013 Nirbhaya case, the Court found..The Court observed that prior to the lodging of the First Information Report (FIR) in the case, the prosecutrix had reached out to prominent lawyers, a member of the National Commission for Women, and journalists."With the help of experts, there may be a possibility of doctoring of events or adding of incidents," the Court stated, agreeing with the defence's submission that the deposition of the prosecutrix was necessary to be scrutinised from that angle..The Court took into account the fact that the prosecutrix had contacted her "friend and lawyer" Senior Advocate Rebecca John who was purportedly guiding her through the process of filing a complaint. Judge Joshi also noted that the prosecutrix spoke to Senior Advocate Indira Jaising when the allegations became public..The judgment stated that in her deposition, the prosecutrix expressed her fear of raising a complaint against an incredibly powerful and wealthy accused and the character assassination that would follow.On the other hand, the Court noted, the prosecutrix while thinking of options to tackle the issue, spoke to her mother, relatives, partner and prominent lawyers and experts in the subject matter of offences against women..The judgment went on to note that the prosecutrix lied about being in contact with Shamina Shafiq, then a member of the National Commission for Women, who had requested the Goa Police to take suo motu cognizance of the matter and register an FIR against Tejpal..A similar finding was made with respect to Advocate Persis Sidhva, a member of NGO Majlis, which specialises in legal assistance for victims of sexual offences. The judgment stated though Sidhva in her testimony claimed that she was not in contact with the prosecutrix before the latter gave her statement, call and message records showed otherwise..It went on to state that Sidhva, a women's rights lawyer, was also assisting and guiding the prosecutrix on how she should be making her statements during the investigation..The FIR in the case came to be registered by the Goa Police after various social websites and news channels published articles about the alleged sexual assault that took place during the THINK Fest organised in Goa between November 7 to 11, 2013..On May 21, the Court acquitted Tejpal of sexual assault charges alleged by a female colleague.Tejpal was accused under charges of rape, assault and wrongful confinement of his former female colleague in the year 2013.He was arrested in November 2013 and later released on bail in July 2014..The trial against Tejpal commenced in 2017. In the meanwhile, he had moved the Bombay High Court for quashing the case against him, claiming that the charges were fabricated.The High Court had dismissed the plea after which he appealed to the Supreme Court.The Supreme Court also refused to interfere and rejected his petition on August 19, 2019.The trial had commenced thereafter, culminating in the May 21 judgment.