The Goa government in its appeal before the Bombay high court against journalist Tarun Tejpal's acquittal in a rape case said it was a fit case for retrial, citing the trial court's lack of understanding of a victim's post-trauma behaviour and censuring of her character.
essions judge Kshama Joshi, in the 500-page judgment on May 21, that was made available late Tuesday night, said the evidence submitted by the prosecution and defence creates doubt on the truthfulness of the prosecutrix (victim) and noted that the benefit of doubt has to be given to the accused in the absence of corroborative evidence. T
Justice S C Gupte issued a notice to Tejpal and posted for June 24 the appeal filed by the Goa government against the sessions court's order acquitting him in the case.
The Goa government told the Bombay high court's bench in Panaji on Wednesday that the victim in a 2013 rape case, in which journalist Tarun Tejpal was acquitted, was named and shamed and the trial court's judgment was 'retrograde' and 'fit for fifth century.'
Journalist Tarun Tejpal in a submission before the Bombay high court on Tuesday sought an "in-camera" hearing of the Goa government's petition challenging his acquittal in a 2013 rape case, and sought its dismissal while raising preliminary objections on its maintainability.
A group of nuns of Kuravilangad convent in Kottayam district of Kerala, who have been standing with the survivor in her fight, were on the verge of tears when they said they were yet to believe such a verdict came out from the court and they did not know what has happened.
'In the districts of Jagdalpur and Dantewada, the only time the accused walked out of jail was when they were acquitted. There is no concept of bail.' 'The women were very clear -- they had to fight. Remaining silent any longer was not an option.'
Goa Children's Court Judge Vandana Tendulkar acquitted Samson D'Souza and Placido Carvalho of all the charges in the eight-year-long high profile death case.
The fact that so many victims turn hostile should be a matter of concern. If so many accused persons continue to roam freely in society, this becomes an additional liability to women's safety, points out Rashme Sehgal.
The fruitless pursuit, which tore the Talwars' lives and reputations to shreds, means that Aarushi's killers have not only got away but may never be found, says Sunil Sethi.
