Bombay HC Rejects Tarun Tejpal’s Plea for In-camera Hearing of Rape Case Appeal


The Bombay Excessive Courtroom right here on Wednesday rejected journalist Tarun Tejpal’s software looking for an in-camera listening to of the proceedings difficult his acquittal in a 2013 rape case. The acquittal of the previous editor-in-chief of Tehelka journal, who was accused of sexually assaulting his then lady colleague within the raise of a five-star lodge in Goa in November 2013, by a periods courtroom in Might this 12 months was challenged within the Goa bench of the HC by the state authorities.

On Wednesday, a bench of Justices Revati Mohite Dere and M S Jawalkar rejected Tejpal’s software for conducting an in-camera listening to of the proceedings underneath part 327 of the CrPC. Advocate Amit Desai, who appeared for Tejpal, referred to the Regulation Fee and varied judgments of excessive courts supporting his software for an in-camera listening to.

I am unable to be restrained as a result of my proper to enchantment and argue the matter earlier than the lordship in an efficient method can’t be curtailed merely as a result of on a regular basis I’d be trying over my shoulder and afraid that any person exterior goes to listening and writing about this matter, Desai stated. Tejpal’s lawyer stated his shopper may need to say one thing which could expose sure information in relation which shouldn’t be revealed within the media. However my basic proper to defend myself can’t be taken away on this matter, he argued. Part 327 provides rise to finish prohibition on publication of proceedings. As soon as there’s a full prohibition, and that constitutes a contempt, the lordship will see that these provisions are utilized when they’re in-camera, Desai informed the bench. He argued that the identification of the accused in an enchantment towards the acquittal is equally essential to be protected like that of the sufferer.

Part 327, being a mandate of the statute and obligation of the Structure, it’s the obligation of the courtroom to guard each the events. And no prejudice is precipitated to the events and proceedings whether it is held in-camera, he stated. Solicitor Basic of India Tushar Mehta, representing the Goa authorities, argued that the judgment (of acquittal of Tejpal) by the district courtroom is within the public area.

Part 327 applies for the aim of inquiring into or making an attempt any offence. It has restricted software throughout inquiry or trial. The enchantment is one thing very clear. Appeals, revisions and many others are neither investigation nor inquiry nor a trial, he stated. The bench stated the appliance stands rejected. The revision petition filed by the state authorities will likely be heard on December 6, it stated. In its order in Might this 12 months, the Mapusa district and periods courtroom had held that the complainant had not proven the sort of normative behaviour anticipated from a sufferer of sexual assault. The courtroom had granted Tejpal the advantage of the doubt within the absence of corroborative proof to help the allegations made by the complainant.

Difficult Tejpal’s acquittal, the state authorities had stated that the courtroom’s judgement was colored by prejudice and patriarchy.

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