Tehelka founder editor Tarun Tejpal was acquitted in a sexual assault case last week. Tejpal was accused of the assault on a colleague in a Goa hotel in 2013.
The judge in her order cited 6 points that he considered important during the trial and said that the prosecution had failed to prove the charges under 5 of them.
Here are the 6 points mentioned by the court:
Point No. 1:
Whether the prosecution proves that the accused has committed rape on the prosecutrix as defined in Section 375 (b) and (d) of IPC?
Court’s ruling: NEGATIVE
Point No. 2:
Whether the prosecution proves that the accused used criminal force to the prosecutrix with the intention of outraging her modesty or knowing it to be likely that he will thereby outrage her modesty?
Court’s ruling: NEGATIVE
Point No. 3:
Whether the prosecution proves that the accused committed physical contact and advances involving unwelcome and explicit sexual overtures thereby causing sexual harassment to the prosecutrix?
Court’s ruling: NEGATIVE
Point No. 4:
Whether the prosecution proves that the accused used criminal force to the prosecutrix with the intention of disrobing her?
Court’s ruling: NEGATIVE
Point No. 5:
Whether the prosecution proves that the accused was a person in a position of trust or authority and in a poistion of control and dominance over the prosecutrix?
Court’s ruling: AFFIRMATIVE
Point No.6:
Whether the prosecution proves that the prosecutrix was wrongfully restrained by the accused from going out of the lift and was wrongfully confined by the accused in the said lift?
Court’s ruling: NEGATIVE
Here is the full statement of the verdict.
https://timesofindia.indiatimes.com/photo/82968641.cms
The judge in her order cited 6 points that he considered important during the trial and said that the prosecution had failed to prove the charges under 5 of them.
Here are the 6 points mentioned by the court:
Point No. 1:
Whether the prosecution proves that the accused has committed rape on the prosecutrix as defined in Section 375 (b) and (d) of IPC?
Court’s ruling: NEGATIVE
Point No. 2:
Whether the prosecution proves that the accused used criminal force to the prosecutrix with the intention of outraging her modesty or knowing it to be likely that he will thereby outrage her modesty?
Court’s ruling: NEGATIVE
Point No. 3:
Whether the prosecution proves that the accused committed physical contact and advances involving unwelcome and explicit sexual overtures thereby causing sexual harassment to the prosecutrix?
Court’s ruling: NEGATIVE
Point No. 4:
Whether the prosecution proves that the accused used criminal force to the prosecutrix with the intention of disrobing her?
Court’s ruling: NEGATIVE
Point No. 5:
Whether the prosecution proves that the accused was a person in a position of trust or authority and in a poistion of control and dominance over the prosecutrix?
Court’s ruling: AFFIRMATIVE
Point No.6:
Whether the prosecution proves that the prosecutrix was wrongfully restrained by the accused from going out of the lift and was wrongfully confined by the accused in the said lift?
Court’s ruling: NEGATIVE
Here is the full statement of the verdict.
https://timesofindia.indiatimes.com/photo/82968641.cms