Tarun Tejpal Goa Government High Court Complainant Sterling Witness

Challenging the acquittal of Tarun Tejpal, the former editor-in-chief of Tehelka who was accused of sexually assaulting his then colleague in a Goa hotel in 2013, the Goa government on Friday argued before the High Court that the complainant in the case was virtually put on trial, but remained “sterling”, “steadfast” and “forthright” in her testimony.

The woman had complained that Tejpal sexually assaulted her in the hotel elevator on November 7 and 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”. The Goa government subsequently filed an appeal in the High Court of Bombay at Goa challenging the acquittal, and arguments in the case are ongoing.

Solicitor General Tushar Mehta, appearing for the state government, told the High Court that during her cross-examination, the complainant was virtually put on trial. “She was being targeted that you are drinking, you are smoking, you don’t believe that sex is a taboo… and she said, yeah, it’s not a taboo, provided it is consensual,” he said.

Citing statements from her testimony, he said when the defence counsel posed a question on whether it is immoral to have consensual sex with different persons, the witness in her response said she did not believe there was anything immoral about consensual sex. “See the truthfulness of this witness… She says that consensual sex is not wrong, provided there is consent… an untruthful witness would say… no, it is bad, it is not good for society. She is forthright,” he said.

He said when the defence counsel put up a question on whether it is immoral to consume alcohol voluntarily or smoke cigarettes voluntarily, the witness replied that there is nothing immoral about it, if someone is an adult and it does not violate their religion. “This is what a true witness, what is called a sterling witness, answers… Whenever put a luring question when she can improve upon her version, she has resisted it. She has remained sterlingly steadfastly the same from day one. She was virtually put on trial, as if she is kind of a woman of easy virtue…,” he said.

The state government had on Thursday told the High Court that the trial court had done everything “which it could not have done and ought not to have done” in the case, and the manner in which it dealt with the sensitive case was “perturbing”.

In its 2021 judgment, the trial court opined that the woman’s “behaviour” was a key factor, saying it undermined her case. “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.”

“If the prosecutrix had 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.

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