Supreme Court Justice L Nageswara Rao on Friday recused himself from listening to journalist Tarun Tejpal’s enchantment towards the Bombay High Court order in in-camera proceedings difficult his acquittal in a 2013 rape case. His petition for a similar was rejected.
“I had appeared for the state of Goa on this matter at some point of 2016. Justice Rao, sitting on the bench together with Justice BR Gavai, mentioned or not it’s listed in one other courtroom subsequent week.
The bench was to listen to Tejpal’s plea, whose utility for in-camera listening to of proceedings below Section 327 of CrPC was dismissed by the Goa Bench of the Bombay High Court on November 24 final 12 months.
The former editor-in-chief of Tehelka journal, who had accused him of sexually assaulting his then feminine colleague within the raise of a five-star resort in Goa in November 2013, was challenged in May 2021 by a classes courtroom. Goa Bench of the High Court by the State Govt.
Senior advocate Amit Desai, showing for Tejpal, had cited varied judgments of the Law Commission and excessive courts in help of his utility for in-camera listening to.
However, the High Court rejected these arguments.
Solicitor General Tushar Mehta, representing the Goa authorities, had argued that the district courtroom’s resolution (acquitting Tejpal) was within the public area.
“Section 327 applies for the purpose of investigation or attempt to commit any offence. It has limited application during interrogation or testing. The appeal is somewhat clear. Appeal, revision etc. are neither inquiry nor inquiry nor trial,” he had mentioned.
In its order in May final 12 months, the Mapusa District and Sessions Court had held that the complainant had not proven “standard behavior” as anticipated from a “victim of sexual assault”.
The courtroom had given “benefit of doubt” to Tejpal within the absence of proof to help the allegations made by the complainant.
Challenging Tejpal’s acquittal, the state authorities had mentioned the courtroom’s resolution was “tinted with prejudice and patriarchy”.
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With inputs from TheIndianEXPRESS
