On June 2, the Bombay High Court at Goa heard the state of Goa’s appeal to set aside the order that acquitted former Tehelka editor-in-chief Tarun Tejpal of rape and sexual assault charges. It said that there was “prima facie for leave to appeal”. The issued notice is returnable on June 24.

During the hearing, solicitor general Tushar Mehta, who is appearing for the state of Goa, said the judgement and its approach lacked sensitivity against crimes against women as well as knowledge on the sections pertaining to it.

Bar and Bench reported that the state has also appealed for a retrial in the case stating that the judgment had been influenced by “extraneous inadmissible materials and testimonies” which had censured the prosecutrix's character and discredited her evidence.

The government’s appeal

In retaliation for the claim that the prosecutrix was “not looking sufficiently traumatised or appearing fearful after the two incidents and in the messages she exchanged after the incidents”, the government said that the statement betrayed a complete lack of understanding of post-trauma behaviour of victims as well as a complete ignorance of the law.

The appeal further read that the fact that the prosecutrix consulted senior advocates did not lessen the credibility of her allegations, and neither did her accomplishments. In the acquittal judgement, the court had said that since the victim had authored an an article about compensation for rape survivors, it “impacted hercredibility”.

In response, the appeal read, “It is baffling that while qualifications of the prosecutrix and her work in matters relating to gender have been used against her to discredit her testimony, the trial court has adopted no such standard while appreciating the defence of the accused.”

The government’s appeal also highlighted that the “demeaning and humiliating manner” in which the trial court’s judgment placed reliance on the minutiae of the happenings inside the lift “displays an attitudinal and perceptional bias” against the woman and that it “tended to demoralise” her.

The district and sessions court at Panaji had acquitted Tejpal of all charges on May 21.