The Bombay High Court's Goa bench will hear the concluding arguments of the State government on June 24 in its appeal against the 2021 acquittal of Tehelka magazine founder-editor Tarun Tejpal in a rape case. During Friday's hearing, the court was told that the complainant was "virtually put on trial" during cross-examination and subjected to invasive questioning about her personal beliefs and lifestyle.
The woman had alleged that Tejpal sexually assaulted her in the elevator of a five-star resort in Goa on November 7 and 8, 2013.
In 2021, a sessions court acquitted Tejpal of all charges, observing that the complainant "did not demonstrate any kind of normative behaviour" that a victim of sexual assault "might plausibly show". The State government subsequently challenged the acquittal before the high court, where arguments are currently underway.
Solicitor General Tushar Mehta, appearing for the State government before a division bench of Justices Amit Jamsandekar and Dr Neela Gokhale, argued that the survivor faced intrusive questioning during her cross-examination.
Mehta told the court that the complainant was asked whether she was drinking, smoking and whether she believed sex was taboo.
"Whenever a luring question is put to her version, she has resisted it. She has remained steadfastly the same from day one," he said in his submission before the division bench.
The Solicitor General further said the complainant was repeatedly targeted with questions about her personal conduct and beliefs, including whether she considered sex taboo, to which she replied that it was not taboo if it was consensual.
Referring to portions of the complainant's testimony, Mehta said the defence counsel had also asked whether it was immoral to have consensual sex with different persons. According to him, the witness responded that she did not believe there was anything immoral about consensual sex.
"This is what a true witness, what is called a sterling witness. She says that consensual sex is not wrong, provided there is consent; an untruthful witness would say it is not good for society. She is forthright," he added.
Following the hearing, the Goa bench of the Bombay High Court posted the matter for June 24 for the State's concluding arguments.




