Victim has 'propensity to lie', defence tells HC in sexual assault case against Tarun Tejpal

Panaji, Jul 17 (PTI) Tehelka magazine's founder-editor Tarun Tejpal’s defence team in the 2013 sexual assault case claimed before Bombay High Court on Friday that the victim had a "propensity to lie" and her conduct following the alleged incident contradicted her claims of being in deep shock. Advocate Aabad Ponda submitted that while the victim, Tejpal's former colleague, claimed that the November 2013 incident in a Goa hotel had left her traumatised, her communication logs and witness testimonies proved she was moving about freely and attending parties in the days following the alleged assault. The Goa bench of Justices Dr Neela Gokhale and Amit Jamsandekar is hearing the final arguments on the government's appeal. The case stems from allegations made by a former female colleague of Tejpal, who accused him of sexually assaulting her inside a hotel elevator on November 7 and 8, 2013, during an event organised by Tehelka magazine in Goa. While a court in Mapusa, Goa, had acquitted Tejpal of all charges in 2021, the state government had challenged the acquittal. "It is not our case that there was a consensual relationship. We are not arguing about her character. We are only trying to establish that she has a propensity to lie," Ponda submitted before the court. Referring to the complainant's testimony that she stayed behind in Goa after the alleged assault because she was in a state of shock and trauma, the defence argued that her conduct in the days immediately thereafter did not support the claim. Ponda told the bench that the chats between the complainant and her friends and acquaintances, and witness testimonies, showed that between November 8 and November 15, 2013, she attended parties, socialised and moved about freely. The defence also cited an instance in which the victim allegedly told friends through chats that she was working, while other witnesses testified that she was at a pub until 4 am. It also cited differences in the draft complaint, the victim's email to then Tehelka managing editor Shoma Chaudhury and the FIR, arguing that the earliest versions did not disclose the offence of rape under section 376 of the Indian Penal Code. Ponda submitted that the complainant's emails referred to an "attempt" and argued that the prosecution's case on the rape charge was an "absolute falsehood". The hearing in the case will continue on Saturday. PTI RPS ARU