PANAJI
High Court of Bombay at Goa on Wednesday dismissed the petition filed by former editor-in-chief of Tehelka Tarun Tejpal praying for the trial against him to be discarded and seeking to be discharged in the case of raping his Tehelka colleague in 2013.
Tejpal, who has been accused of raping the junior female colleague in a lift at a five-star hotel at Bambolim, faces a full dress trial in the four-year-old matter.
The 27-page HC order observed that on a proper appreciation of the material a
t large, the findings rendered by the Additional Sessions Judge, Mapusa and the various judgements on the point, the order for framing of charges cannot be attacked on the ground of illegality, correctness or perversity.
Tejpal's counsel argued that the statement of the prosecutrix (victim) was contrary to her conduct after the alleged incident captured in the CCTV footage. It was further argued that CCTV footage, the best evidence, along with the prosecutrix's laptop and phone were not considered by the Additional Sessions Judge as evidence while considering the point on the framing of charge.
The HC held that, ordinarily, it should not interfere with trial court's order for framing of charge unless there is glaring injustice.
During the last week of November, Supreme Court had directed the trial court in Goa to begin the trial in the rape case against Tejpal. The SC also directed the trial court not to deliver its judgement in the case before the disposal by HC of Tejpal's plea for quashing of the FIR registered against him.
On September 28, earlier this year the District and Sessions Court, Mapusa framed charges against Tejpal for the offences of wrongful restraint, wrongful confinement, sexual harassment and rape in the 2013 case of sexual assault and rape of a former female colleague.
Tejpal's counsel argued that the statement of the prosecutrix (victim) was contrary to her conduct after the alleged incident captured in the CCTV footage. It was further argued that CCTV footage, the best evidence, along with the prosecutrix's laptop and phone were not considered by the Additional Sessions Judge as evidence while considering the point on the framing of charge.
The HC held that, ordinarily, it should not interfere with trial court's order for framing of charge unless there is glaring injustice.
During the last week of November, Supreme Court had directed the trial court in Goa to begin the trial in the rape case against Tejpal. The SC also directed the trial court not to deliver its judgement in the case before the disposal by HC of Tejpal's plea for quashing of the FIR registered against him.
On September 28, earlier this year the District and Sessions Court, Mapusa framed charges against Tejpal for the offences of wrongful restraint, wrongful confinement, sexual harassment and rape in the 2013 case of sexual assault and rape of a former female colleague.
