IO DESTROYED A MAJOR PIECE OF EVIDENCE - REASON FOR ACQUITTAL OF TARUN TEJPALIO DESTROYED A MAJOR PIECE OF EVIDENCE - REASON FOR ACQUITTAL OF TARUN TEJPAL

26th May 2021

A sessions court in Goa acquitted Tarun Tejpal, founder-editor of Tehelka magazine, by granting him the benefit of the doubt in a sexual assault case. The 500-page judgment of the 2013 November case was made available on Tuesday.

Tarun Tejpal was charged for sexually assaulting his junior colleague inside an elevator of Grand Hyatt, Goa, on 7th November 2013.

Judge Kshama Joshi, in her detailed written order, said that benefit of the doubt is given, as there is no corroborative evidence supporting the allegations. In the 500-page judgment, the court criticized the investigating officer (IO) Sunita Sawant for only viewing the suitable CCTV footage of the Hotel. The IO destroyed a major piece of evidence, i.e. Footage of the 1st floor, which was clear evidence of the innocence of the accused. The court further criticized the IO for not investigating vital points of the case. Moreover, the IO failed to ask important questions to the prosecutrix, such as which button did the accused press to ensure that it did not stop anywhere between the two-floor.

The Court further made remarks on the contention that the victim was traumatised. The court said that some of the WhatsApp Chat showed she had plans to stay in Goa after the official event of the magazine, where the sexual assault took place. The court observed conflicting statements by the victim. The order said the woman claimed that the lift did not open at all, whereas the lift opened twice on the ground floor as per the CCTV footage.

After the acquittal of Tarun Tejpal, the Government of Goa challenged the order before the Goa Bench of Bombay HC.

Author - Papiha Ghoshal