Just when one reckons that the judiciary in the country has hit a new low, the esteemed judges prove us all wrong. After acquitting Tarun Tejpal, the founder and editor-in-chief of sensationalist, far-left tabloid Tehelka — the judgment reports of the acquittal have started to surface up in the media circles. And reading them, one can be allowed to be as nihilist as they would like to be in their world view.
The court remarked that the victim “did not demonstrate any kind of normative behaviour” that a victim of sexual assault “might plausibly show”. According to an Indian Express report, for the trial court, the woman’s “behaviour” was a key factor, which in the end, undermined her case against Tejpal.
Ironically, the judgment was delivered by a female Judge named Kshama Joshi who wrote, “It is extremely revealing that the prosecutrix’s (victim) 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.”
Translated for a layman, the court believes that the victim did not act like a ‘rape victim’, thus the benefit of the doubt was granted to Tarun Tejpal.
While the judge’s closing statements ought to sting the aggrieved party and all those looking for a flicker of justice in the dark, dingy world of the judiciary, the 527-page judgment made available on Tuesday also revealed how the police machinery played its part in hiding the crucial CCTV footage.
The court said that the investigation officer (IO) collected the CCTV footage of the ground, first and second floor, but that “the footage of the first floor cannot be found for the perusal of the court, which is a material lapse by the investigation officer”.
As reported previously by TFI, Tejpal was charged by the district court under IPC sections 354-A (sexual harassment), 376 (rape), 376(2)(k) (rape of a woman by a person being in a position of control or dominance over the woman). Police later added charges under IPC sections 341 (wrongful restraint) and 342 (wrongful confinement), 376 (2) (f) (person in a position of trust or authority over women, committing rape of such women), 376 C (sexual intercourse by a person in authority) and section 354 (assault or criminal force to woman with intent to outrage her modesty).
Despite such serious charges levelled against him, Tejpal was let go by the Sessions court when one of the damning pieces of evidence included an admission of guilt from Tejpal himself when he wrote an apology letter to the victim.
In November 2013, few days after the sexual assault, the victim complained to Tehelka’s then managing editor, Shoma Chaudhry. Most certainly at the behest of Shoma — to mitigate the damage, the very next day, Tejpal sent a long email as a formal apology to the victim.
“I apologise unconditionally for the shameful lapse of judgement that led me to attempt a sexual liaison with you on two occasions on November 7 and November 8 2013, despite your clear reluctance that you did not want such attention from me,” wrote Tejpal in the apology e-mail.
What must be the logic given in judgment to acquit Tejpal after this full apology from him, provided in evidence: pic.twitter.com/SuLUlj6FjE
— Vinod K. Jose (@vinodjose) May 21, 2021
Tarun Tejpal is well known for his far-left credentials and it seems like the cabal has helped him get out of the mess by pooling all its resources and using it for the acquittal. The exoneration of Tejpal simply shows that justice in India is a rare commodity and despite spending years looking for it, the victim(s) more often than not are left disappointed and anguished.
The least the victim could have expected from the judges was a sensitive closing statement but even that wish was not granted, while a powerful man like Tejpal walked scot-free.
