Dear Sir,Post: "indiaresists@lists.riseup.net"It is equally strange as to how Mr Tejpal is Acquitted despite his acceptance of heinous crime wherein he sought forgiveness from the victim through his mail.Sir, justice should be seen too.RegdsSent from my iPhoneOn 27-May-2021, at 10:32 PM, Aires Rodrigues <indiaresists@lists.riseup.net> wrote:Post: "indiaresists@lists.riseup.net"In the Tarun Tejpal case, it would be for the first time in the history of Goa's Judiciary that the Government has in less than a week so swiftly filed an appeal before the High Court.
The Sessions Court judgment acquitting Tarun Tejpal having been pronounced on 19th May and running in a whopping 527 pages, it was in record time that the Government's legal team applied its mind to this extremely voluminous judgment and managed to draft the appeal. All this in the midst of the current raging pandemic and the after effects of cyclone Tauktae. One also fails to understand what the tearing hurry was.
It would have been commendable if only this same yardstick and extraordinary diligence is displayed by the Government in every other case and especially on issues that concern the public.
We have seen that in many matters this otherwise sloppy government has been filing appeals in Courts along with an application seeking condonation of delay.
Strangely as the High Court is currently on vacation and hears only extremely urgent matters, it would be interesting to see how the government justifies the urgency in the Tarun Tejpal appeal. The government is duty bound to lead by example at all times in strictly adhering to the Rule of law.
Adv. Aires Rodrigues
C/G-2, Shopping Complex
Ribandar Retreat
Ribandar – Goa – 403006
Mobile No: 9822684372
Office Tel No: (0832) 2444012
Email: airesrodrigues1@gmail.com
You can also reach me on
Facebook.com/ AiresRodrigues
Twitter@rodrigues_aires
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in
Friday, May 28, 2021
Re: [IAC#RG] GOA GOVT ONLY FURTHER EXPOSED IN TARUN TEJPAL CASE
It is explained in the judgment. The apology was requested by the victim and required specific admissions in order to end the matter. So it was obtained with an inducement and on obtaining was immediately used contrary to the promise made during accepting it and was released to the media for widespread publication. But even ignoring this, the apology does not admit guilt, which is required to be usable as per Indian Evidence Act.
Personally I think the victim got some overzealous and bad advice. If she was planning to go to court, she should/would have planned with more attention to evidence as well as how her own actions would appear under scrutiny.
I think such a situation lacking evidence, she tried and succeeded in exposing him before media. But the outrage resulted in public demands for prosecution and state took notice. She did not have the evidence for that. I think at least some damage was also done by the witnesses supporting her whose stories did not match with each other and hers in crucial ways. And possibly one person who she claimed to have met immediately after and told, whose name she later omitted, who testified that she told him that she had been the one to flirt with Tejpal and was happy about it and that he reacted with disgust. It was after this that she told the other witnesses, so the judge thinks she described the incident as non-consensual after getting that reaction. Her own testimony also changed in important ways over the duration.
Plus Tejpal denies that anything except "drunk banter" on sexual subjects took place. Then it became hard to prove that events happened the way she described them or that it was even possible. Hard to rape a resisting victim to the pont of oral sex in a lift between the ground floor and second floor while also controlling the lift (which reaches from ground floor to second in under 20 seconds max). They were also unable to show that it was possible to keep lift doors closed on reaching the floor. Manufacturer testified that they would open automatically.
Tejpal's version was that they got off on the 1st floor and went to the room Bob would have been in on the second floor before realizing it and returning to lift - which accounts for the 2 minutes better. The first thing he had demanded on hearing FIR was the CCTV footage being made public which would show the truth. The first floor CCTV footage going missing during investigation while ground and second floor footage is there made it look worse for the prosecution, as it appeared that the IO (who was also the complainant) had destroyed evidence.
The judgment does appear to have gone through the information available to the judge thoroughly.
Vidyut
On Fri, May 28, 2021 at 11:05 AM ssr.singh <indiaresists@lists.riseup.net> wrote:
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.