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यह खबर नवभारत टाइम्स की ओर से आई है
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A Sessions court in Goa, while acquitting journalist Tarun Tejpal in the 2013 rape case, questioned the conduct of the complainant and said there was nothing in his behavior to suggest that he was a victim of sexual abuse. Sessions Judge Kshama Joshi said in her 527-page judgment on 21 May that the evidence presented casts doubt on the woman's veracity and that the accused is given the benefit of the doubt in the absence of substantiated evidence. This order became available late Tuesday.
The sessions court said that it is unusual for the victim to send a message to the accused about his location in the hotel. "If the accused had recently sexually abused the victim and she was scared of him and her condition was not good, then why did she talk to the accused and sent him his location," the order said. The judge said that the victim did not reply to any message but sent messages on her own behalf to the accused which "clearly shows that the victim was not in shock or scared". The court also looked at CCTV footage and photographs. It said that these CCTV footage and photographs were of the alleged incident in which the complainant appeared to be completely in good mood, happy, normal and smiling and did not appear upset or shocked.
The court said that CCTV footage of the woman coming out of the lift did not support her claim that she was scared or in shock. The judge said that there is also no medical evidence to prove the charge of sexual harassment as the FIR was filed late and the woman refused to undergo a medical examination. The court said that the woman claimed that if she had clashed with the accused during the alleged sexual assault incident, she would have suffered some injury, but the complainant admitted that she had not suffered any physical injury. It said that the allegation is not credible.
The order stated that the complainant, as a journalist, used to write on matters related to sexual offenses and sexual issues against women and was therefore aware of the latest laws on rape and sexual harassment. The court said that the complainant made several contradictory statements and even her mother's statement does not support her statement that she was in shock due to the alleged incident. Referring to the email sent by Tejpal to the woman apologizing on 19 November 2013, the judge said that the accused would not have sent it on his own free will but because of excessive pressure of the complainant to take immediate action on the managing editor of Tehelka It would have been sent and at the same time the complainant might have promised that if the accused apologizes, the case will end at the institutional level itself.
The judge said that before lodging an FIR in the case, the woman also contacted eminent lawyers, a member of the National Commission for Women and journalists. "With the help of experts, there may be a possibility of manipulating or linking incidents," the order states. Counsel for the accused has rightly argued that the testimony of the complainant should also be investigated from this aspect.
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