[Tarun Tejpal] Don’t want lawyers reading out in open court evidence on sexual offences: Bombay High Court

The Bombay High Court at Goa has directed lawyers not to read out in open court, evidence in cases involving sexual offences including rape.

. Instead, lawyers should point out relevant paragraphs which the Court will then read on its own, the Bench of Justices Revati Mohite Dere and MS Jawalkar said.

“Not only in this case, but in all cases including rape, we do not want the lawyers to read the evidence aloud in open court," the Court said.

The Court was hearing the appeal filed by the Goa government against the acquittal of former Tehelka editor Tarun Tejpal in a sexual harassment case filed by former his junior employee.

. During the hearing through video conference, Solicitor General Tushar Mehta representing the State government, argued that the trial court’s order acquitting the Tejpal was regressive and “fit for fifth century”.

. During the hearing, the Bench stated that it expected lawyers to maintain decorum while reading out evidence.

The Bench suggested that instead of reading out evidence, lawyers ought to point out paragraph numbers to the Court and the Court could read out on its own.

. Senior Advocate Amit Desai appearing for Tejpal, pressed for an in-camera hearing of the case which was vehemently opposed by Mehta.

. To this, the Bench stated that it would not consider the application at this stage and adjourned the matter for further hearing on November 16, 2021.

. Desai also informed the Court that he wanted to challenge the maintainability of the appeal.

He pointed out that the government’s application seeking permission to file appeal had not been made until after the appeal was filed.

. Through an additional affidavit filed Tejpal pointed out that after an inquiry under the Right to Information (RTI) Act, it was shown that the initiation of permission for appeal started on May 24, 2021, the same day appeal was filed.

The approval reached the office of Additional Public Prosecutor Pravin Faldessai on May 31.

. The Bench, however, stated that they will hear the issue of maintainability on the next date of hearing.

. Tejpal stands accused of sexually assaulting a junior colleague in an elevator of a high-end hotel in Goa in 2013

The Goa Police subsequently registered a First Information Report (FIR) against Tejpal for various offences including rape.

He was arrested in November 2013 and later released on bail in July 2014.

On May 21, 2021, the trial court had acquitted Tejpal of all charges which included wrongful confinement, assault or criminal force with intent to outrage modesty, sexual harassment along with rape against his female colleague which was challenged by the State of Goa .

The State then filed an appeal before the Bombay High Court calling for the setting aside of the acquittal order and seeking a retrial.

[Tarun Tejpal] Don’t want lawyers reading out in open court evidence on sexual offences: Bombay High Court

Neha Joshi

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