• Research/Scholar Paper name – Case Commentary: State of Goa (through CID CS North Goa) v. Tarunjit Tejpal
  • Author: Komal Chhajer
  • Co-Author: Pranjal Tandon
  • Institution: Indore Institute of Law
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 31/07/2021

Abstract:

On 21.11.13 many news channels, social media and print media published about the grand THiNK fest organised by Tehelka.com, a news magazine, in Goa on the 7th and 8th of November 2013. That, the editor-in-chief of Tehelka.com Mr Tarun Tejpal outraged the modesty of a junior journalist of Tehelka.com by sexually assaulting her on two consecutive dates in the lift of the Hotel. After which the victim shared mail details describing the incident in the form of a complaint to the Managing Editor of Tehelka.com ShomaChaoudhary. Whereby TarunTejal mailed the victim two apology letters for a sexual encounters with the victim. The mails were more than enough for police to detect the case involves wrongful restraint, wrongful confinement, sexual assault, rape, etc. and that it’s a cognizable offence. The accused was immediately arrested but was released July 2014. The case was being under trial for 7 long years and now the District and Sessions Court at Panaji, Goa acquitted the accused as the prosecution failed to discharge the burden of proving the guilt of the accused beyond a reasonable doubt. The judgment became controversial as its tone seems to be a manual for rape victim’s behaviour both before and after the crime happens. It seems to idealise stereotypical poor women lacked self-esteem and traumatized behaviour as one of the relevant fact in corroborating evidences to proof the crime. The judgment depicts to highlight the frequent sexual virtue of the victim and that was related to consent in the instant case. Victim’s character assassination in the incumbent case jeopardizes the faith of rape trials and its sanctity even being in-cameral. It sets a bad example for the whole of rape trials and rehabilitation of victims’ theory per se.

Case Commentary: State of Goa (through CID CS North Goa) v. Tarunjit Tejpal

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