PANAJI: The Goa bench of the Bombay excessive court on Saturday admitted the state authorities’s application challenging the acquittal of former editor of Tehelka journal Tarun Tejpal in a 2013 rape case, mentioned the order of acquittal required “deeper scrutiny and reappreciation”.
The Goa authorities had filed a petition earlier than the excessive court quickly after a classes court acquitted Tejpal of all expenses final year. Tejpal had challenged the maintainability of the application.
“The court is not expected to go into the minute details of the prosecution’s evidence,” a division bench of justices MS Sonak and RN Laddha noticed on Saturday. “At this stage, if the material on record discloses the necessity of deeper scrutiny and reappreciation, review, or reconsideration of evidence, the appellate court must grant leave as sought for and decide the appeal on merits.”
The court then allowed the application filed by the state authorities.
Tejpal by way of his advocate Amit Desai had opposed the application claiming that due process was not adopted pointing to the truth that the attraction was filed even earlier than a licensed copy of the order was made out there to the prosecution. Desai argued that the transfer was a proof of non-application of thoughts in submitting the attraction.
The classes court order was pronounced on May 21, final year, and even earlier than its copy may very well be obtained, the choice to attraction was taken on May 24.
The excessive court, nonetheless, rejected the competition.
“Based on the material on record, we do not think any case is made out to infer non-application of mind rendering such a decision a nullity. Though valid in some circumstances, the contention about haste and the inference of non-application of mind cannot be mechanically drawn in all events and purposes,” the court mentioned.
“…it is also possible that such a decision can, in a given case, be actuated by some extraneous or even malafide considerations. None was suggested in the course of arguments. But then, all this can certainly be examined when the court considers the application for leave judicially,” the court famous.
Tejpal, the previous editor-in-chief of Tehelka journal was accused of raping a junior colleague in an elevator of a five-star resort in Goa throughout an occasion in November 2013. The complainant alleged that Tejpal had raped her on November 7 and tried to assault her once more on November 8. Tejpal, who refuted the costs in court, was acquitted by the fast-track court on May 21, final year.
The classes decide gave Tejpal, who’s dealing with expenses of sections 376 (rape), 354A (sexual harassment), 354B (felony assault with intent to disrobe a girl), 341 (wrongful restraint) and 342 (wrongful confinement) of the Indian Penal Code (IPC), the advantage of doubt and acquitted him on account of lack of adequate proof.
Earlier, the Goa bench had rejected Tejpal’s plea for an in-camera listening to of the attraction.