Panaji, Jun 20 During the hearing of the State of Goa's appeal against Tehelka magazine founder editor Tarun Tejpal's acquittal in a rape case by a trial court in 2021, the Bombay High Court was told that the complainant was "virtually put on trial" during her cross-examination and asked invasive questions.
After the hearing on Friday, the Goa bench of the high court has posted the matter for June 24, when it will hear the concluding arguments on behalf of the State.
The woman had complained 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 challenged the acquittal in the high court, and arguments in the case are ongoing.
Solicitor General Tushar Mehta represented the state government before the division bench of Justices Amit Jamsandekar and Dr Neela Gokhale on June 19.
Mehta said the survivor was targeted even during the cross-examination, where she was asked whether she was drinking, smoking, and asked if she didn't believe that sex is 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.
Mehta said the complainant was being targeted and asked if she was drinking, smoking, and if she believed that sex is a taboo'¦ to which she responded, saying it's not a taboo, provided it is consensual.
Citing the statements from the victim's testimony, Mehta said when the defence counsel posed a question on whether it is immoral to have consensual sex with different persons, the witness said 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.
