In 2021, a sessions court in Goa acquitted Tejpal of all charges, observing that the complainant “did not demonstrate any kind of normative behaviour” (Express Archive Photo)While challenging the acquittal of Tarun Tejpal, the former editor-in-chief of Tehelka who was charged with sexually assaulting his-then colleague in a Goa hotel in 2013, the Goa government Thursday argued before the High Court of Bombay at Goa that the manner in which trial court dealt with the sensitive case was “perturbing”.The state government submitted that the trial court had done everything “which it could not have done and ought not to have done” in the case.Solicitor General Tushar Mehta, appearing for the state government, told a Bench of the High Court of Bombay at Goa: “The offence itself is very serious in nature, but what is perturbing is the manner in which the trial court dealt with such a sensitive issue. While the trial court is dealing with an NDPS case or a riot case or a murder case, a different level of sensitivity is required…while dealing with an offence where a girl, who treats someone as her father, and admittedly the girl’s friend is the daughter of the accused”.“…that something which is [a] sexual offence, the law requires…it to be dealt with differently, because of the very sensitivity involved in this case. Here, if I may say, the trial court has done everything which it could not have done and ought not to have done in a matter of this offence. The trial court virtually lays down guidelines as to how the victim should respond in such circumstances,” he said.Also Read | 'Bad guys won't win': Former Bombay High Court judge Gautam Patel on attack, threatsThe woman had complained that Tejpal had sexually assaulted her in the hotel elevator on November 7, 2013, and November 8, 2013.In 2021, a sessions court in Goa acquitted Tejpal of all charges, observing that the complainant “did not demonstrate any kind of normative behaviour” that a victim of sexual assault “might plausibly show”. Ruling there was no medical evidence, the court said the woman’s messages to the accused clearly establish that she was neither “traumatised nor terrified” and this “completely belies” the prosecution’s case.Tejpal was acquitted of all charges, including under IPC Sections 341 (wrongful restraint); 342 (wrongful confinement); 354 (assault or criminal force with intent to outrage modesty); 354A (sexual harassment); 354B (assault or use of criminal force to woman with intent to disrobe); 376 (2)(f) (person in position of authority over women, committing rape); and 376(2)(k) (rape by person in position of control). The Goa government had subsequently filed an appeal in the High Court of Bombay at Goa challenging the acquittal.Story continues below this adAlso Read | Illegal LED hoardings in Bengaluru: Karnataka High Court seeks status report from GBAIn its judgment in 2021, the trial court had said there was no corroborative evidence supporting the allegations made by the complainant. “It is extremely revealing that the prosecutrix’s 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”.The trial court had said it was unnatural on the part of the woman to message Tejpal about her location in the hotel where she was chaperoning a prominent US actor. “If the prosecutrix had been recently again been sexually assaulted by the accused and was terrified of him and not in a proper state of mind, why would she report to the accused and disclose to him her location, when she could have reported to (three women),” the court had noted in the judgment.“The unnatural conduct of the prosecutrix is again relevant under Section 8 of the Evidence Act. The prosecutrix had admitted that there are two SMSes sent from her phone to the accused on 8/11/2013…and that these messages were not sent by her in response to any messages…The prosecutrix sending the above message to the accused proactively without any attempt by him to ask her where she was, and her sending the same message thrice in the span of a very few minutes, clearly establishes that the prosecutrix was not traumatised nor terrified of being located or found by the accused and completely belies the prosecution case that immediately before the said messages, the accused had sexually assaulted the prosecutrix again,” the court had added.Pavneet Singh Chadha is the Goa Correspondent of The Indian Express. His reporting focuses intensely on the state of Goa, covering major developments in politics, governance, and significant local events, which establishes his high degree of Expertise and Authority in the region. Expertise Geographic Expertise: As the Goa correspondent, Pavneet provides on-the-ground, comprehensive coverage of Goa's political, social, and cultural landscape, ensuring readers receive timely and localized insights. Key Coverage Focus: His recent work demonstrates deep investigative capabilities and a focus on high-impact stories, including: Investigative Reporting: Extensive coverage of complex events such as major incidents (e.g., the Goa nightclub fire), tracing the legal, political, and safety lapses involved. Government and Law Enforcement: Detailed tracking of police actions, deportations, and legal proceedings related to significant local cases. Policy and Governance: Reporting on the judiciary (e.g., Goa High Court flagging illegal structures) and the actions of government departments. He tweets @pub_neat ... Read More