May 18, 2024

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Not permitting Goa to enchantment Tejpal acquittal will not be an possibility: SG

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Solicitor General Tushar Mehta Thursday instructed the High Court of Bombay at Goa that not granting the Goa authorities the go away to enchantment in opposition to the acquittal of journalist Tarun Tejpal in a case of sexual assault, could not even be an possibility.
“In a matter like this I am tempted to persuade your lordships to grant leave (to appeal against acquittal). Your lordships have seen the way in which the trial court has proceeded leaves much to be desired. We don’t deal with our daughters like this. At least the judiciary is not expected to,” Mehta instructed a division bench of Justice M S Sonak and Justice M S Jawalkar.
The Goa authorities had earlier this month carried out amendments to its enchantment in opposition to the acquittal of Tejpal in a 2013 case of rape and sexual assault that came about at a outstanding lodge in Goa. Tejpal, former editor-in-chief, was accused of sexually assaulting a then colleague in an elevator of the lodge on November 7, 2013 and November 8, 2013. On May 21, Additional Sessions Judge Kshama Joshi acquitted him of all expenses.

The Goa authorities, in its amended enchantment filed within the High Court, had said that the trial courtroom which acquitted Tejpal on May 21, had disbelieved the girl who accused him of the offence “on the basis of a conception of how a victim is expected to behave while being sexually assaulted”. This discovering of the courtroom, the state authorities mentioned, was “unsustainable in law and is coloured by prejudice and patriarchy.”
Mehta mentioned on Thursday, “The way the learned (trial) judge has proceeded, I think non-grant of leave may not even be an option. We’ll be failing in our duty.”
Tejpal’s counsel Amit Desai, nevertheless, sought an adjournment informing the courtroom that the advocate helping him within the case had suffered a bereavement on Wednesday. Desai mentioned that he had simply been instructed within the matter. At the final listening to, Tejpal was represented by senior counsel Kapil Sibal.

“Won’t it be better if we consider grant of leave? Leave is not the end of the matter,” Justice Sonak mentioned.
Desai, nevertheless, requested the courtroom to grant him time to arrange. Mehta mentioned that in case of bereavement, no objection will be raised. The courtroom will hear the case additional on August 10.

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