Point to Point Order of Goa Sessions Judge on “Chotiwala TejRapePal”

December 1, 2013 0 By narayan28

 

Point to Point Order of Goa Sessions Judge on “Chotiwala TejRapePal”

 

Ravana kidnapped Sita, disguising himself as a saint. Like that modern Ravana kidnapped and raped his employee woman journalist, So called Congress led seculars projected protected Ravan did what Ravan of Sri Lanka could not do.

 

TejRapePal tried to show himself as Chotiwala Chanakya by plucking hair top. But at last in the process of necking his office woman journalist, he himself becamed necked before the world including Hollywood, Bollywood, UPA Govt and others did their presence at THiNK in Goa.

 

As Bhidranwala was the product of Congress, so called sting fame Tarun Tejpal is the product of congress led so called seculars. Chotiwala Tej Rape Pal has become himself Choti ka tehelka means exposure of highest level.

 

Chotiwala Tarun Tejpal tried to project himself as Chotiwala Chanakya. But at last reality has come before the people.

 

Congress tries to cover up above sin by Gujarat snoop incident.

 

* Rejecting Tarun Tejpal’s anticipatory bail plea on Saturday, District and Sessions Court Judge Anuja Prabhudesai in her 25-page order observed that the material on record prima facie indicate involvement in committing acts which constitute offences of custodial rape and outraging the modesty of the woman.

 

“The statement of the victim and the documents in the form of emails etc., details of which need not be reproduced here, prima facie indicate that the applicant, who was her mentor and father figure, had not only outraged her modesty but had misused his position, betrayed her trust and violated her body,” District and Sessions Anuja Prabhudesai observed in her 25-page order.

 

* After two days of arguments, Goa sessions judge Anuja Prabhudessai on Saturday in late night rejected Tarun Tejpal’s anticipatory bail plea, saying the founder editor of Tehelka could interfere with evidence in the sexual assault case against him. Accused is involved in committing acts which constitute offences of custodial rape and outraging the modesty of the woman. 

* The judge said prima facie evidence indicated he tried to influence the victim family of his former colleague who has accused him of sexually assaulting her earlier this month. 

* Among the other reasons cited for rejecting the bail plea, the judge’s detailed order, a copy of which is in possession of media, said Tejpal was not available at his address (in Delhi) and his whereabouts were not disclosed when police went. It also said the applicant is an influential person. 

* “It may be mentioned that the contention of the applicant that he is being prosecuted at the behest of persons with vested interests or due to political pressure has prima-facie no merit,” said the order. 

 

The court also observed that Tejpal had evaded the police and his whereabouts were not disclosed. “The applicant is not only an influential person but the record prima facie indicates that the applicant tried to influence the family of the victim and the possibility of the applicant interfering with the evidence cannot be ruled out”.

“Considering the totality of the circumstances, in my considered view the applicant is not entitled for bail. Hence, the bail application is hereby dismissed”, the judge said.

 

* The judge also rejected the defence argument that Tejpal was being prosecuted at the behest of persons with vested interest or due to political pressure. “The applicant has nowhere stated in his application that the victim has made the accusation under political pressure or at the behest of any political party.

 

“There is no material on record that the applicant is prosecuted as a pre-planned conspiracy or that the investigation is biased or tainted. As such, subsequent comments, statements, or acts of any political party are not relevant considerations for deciding the application”, she said.


* “The statement of the victim and the documents in the form of emails etc, details of which need not be reproduced here, prima facie indicate that the applicant, who was her mentor and father figure, had not only outraged her modesty but had misused his position, betrayed her trust and violated her body,” district and sessions Anuja Prabhudesaiobserved in her 25-page order. 

* Referring to various judgements of the Supreme Court, Prabhudesai said the question for her determination was whether Tejpal is entitled to bail. “The answer to which in my considered view is nothing but in the negative”, she said. 

* The material on record prima facie indicated that on November 18, a week after the THiNK Fest event in a hotel in Goa, the victim had sent an email complaint to the managing editor of Tehelka complaining of sexual assault by Tejpal on November 7 and 8 in the hotel lift. 

The judge said though there was delay in reporting the matter to the managing -editor, it was not material at this stage. It has to be borne in mind that delay in lodging the report is not necessarily fatal and can always be explained. The yardstick of unexplained delay in filing an FIR, which usually goes in favour of the accused, cannot be applied in cases involving sexual offences. 

“The victims of such crime undego physical as well as mental trauma and humiliation. Their reputation, dignity, honour, future prospects and financial security are at stake and often the victims and their family members are subjected to social ridicule. 

“These circumstances often lead to delay in reporting the incident … Consequently, in my considered view, the veracity of the complainant or the statement of the victim cannot be doubted on the ground of delay“, the judge said. 

* The court observed that the statements of the colleague of the victim prima facie indicate that she had informed them about the incident on the same day. 

Though such corroboration is not strictly necessary, the statement of her colleague prima facie corroborates her version, which at this stage need not be sieved, sifted, weighed and appreciated. 

 

* The court observed that the material on record prima facie indicated that on November 18, a week after the Think Fest event in a hotel in Goa, the victim had sent an email complaint to the Managing Editor of Tehelka complaining of sexual assault by Tejpal on November 7 and 8 in the hotel lift.

Also taking the statements of the colleague into consideration, the judge said “the statements of the colleague victim prima facie indicated that she had informed them about the incident on the same day.”It also added that the statement of her colleague corroborates her version, “which at this stage need not be sieved, sifted, weighed and appreciated.”

* The judge said the email correspondence on record prima facie indicate that Tejpal had not disputed the incident. Its initial correspondence further indicated that he was aware that the victim was not a consenting party but it was only at a later stage that he had changed his version, apparently for obvious reasons. 

* “Under the circumstances, the applicant cannot be heard to say that the subsequent conduct of the victim is contrary to the allegations made in the complaint to the managing editor and the insinuations that the victim was a consenting party or that the alleged act was only a light-hearted bantering cannot be accepted”, she said.

 

* The judge said the email correspondence on record prima facie indicate that Tejpal had not disputed the incident. Its initial correspondence further indicated that he was aware that the victim was not a consenting party but it was only at a later stage that he had changed his version, apparently for obvious reasons.

 

“Under the circumstances, the applicant cannot be heard to say that the subsequent conduct of the victim is contrary to the allegations made in the complaint to the Managing Editor and the insinuations that the victim was a consenting party or that the alleged act was only a light-hearted bantering cannot be accepted”, she said.

 

* “Thus, the material on record prima facie indicates that the applicant is involved in committing acts which constitute offences under Section 354A (outraging the modesty of a woman) and 376 (2)(K) (custodial rape) of IPC”, the judge said.

 

“This, being the case, there can be no dispute that the offences alleged are of serious nature. The gravity of the offence, though not the sole criteria, is one of the essential factors, which would disentitle the applicant for bail”, the judge said.

 

Citing a Bombay High Court judgement, the court observed that it has been held that effective interrogation is of tremendous advantage being disinterring many useful information and also material which would have been concealed.

 

* Rejecting Tejpal’s bail application, the judge said, “success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. It is held that very often that interrogation in such condition would reduce to a mere ritual.”

 

* “As stated earlier, the material on record prima facie reveals that the applicant by his act, which he has termed as light-hearted banter, had subjected the victim to ignominy, humilation and disgrace. Hence, the applicant cannot claim bail on the ground that his arrest would curtail his personal liberty or will cause ignominy, humiliation and disgrace”, the court added.

 

* The court also dismsissed the defence contention about the anti-rape laws being “draconian”, saying laws are in fact enacted with an avowed object of serving rampant rise in such crime. “Needless to state that the object of the women-specific laws can be achieved only by proper implementation of laws and thorough investigation of such crimes and such thorough investigation would include custodial interrogation”, she said.

“As stated earlier, the offences alleged are crimes against the women and society in general and, if not properly investigated, can destroy the psyche of women and basic fabric of the society. In my considered view, offences of such nature fall in a different category and in the societal interest justify the custodial interrogation”, the court said.

 

 Recent most viewed articles:

 

Was there any conspiracy against Modi at Goa in THiNK organized by Tejpal Tehelka?

 

Read 3000 worded Email of the Victim of Rapist Tarun Tejpal of Tehelka

 

Now Bhatkal confessed that Ishrat was IM module: Should FIR be filed against Chidambaram, Pawar, CBI and..

 

Ex-CBI man altered Rajiv death accuse Statement: Was Quattrocchi with LTTE not involved?: Congress should clarify

 

Ex-CBI man altered Rajiv death accuse Statement: Was Quattrocchi with LTTE not involved?: Congress should clarify

 

SUPREME COURT ON HINDU HINDUTVA AND HINDUISM

 

Prevention of Communal and Targeted Violence Bill to hammer unity-symbol of Loh Purush Patel

 

Why did Nehru turn down offer to India a permanent seat in the UN Security Council?

 

Is Mullah Zaeef adviser of Pak PM or Cong Govt? Congress fighting Election 2014 with Taliban

 

Assassins of Subhas Bose rule India now want to let killing of Modi?

 

After Ishrat Bihar ki beti, today Bihar ka beta suicide bomber to target Modi’s Hunkar Rally

 

Who gives supari to kill BJP PM Candidate? Who want to pass C Violence Bill?

 

Congress will be reduced to 35 from 129 in South, worsen as UP and Bihar

 

 

 

                   

 

Latest Articles

 

 

 

Dec 01

 

2 Lakh people, 10,000 Muslims – 4,000 from Kashmir valley: Lalkar of Modi in Jammu

 

Nov 30

 

Elections are festivals of democracy where Janta Janardhan is fighting: Lion Roar in Delhi

 

Nov 29

 

Who gives fire to Seemandhra and Telangana of having common language, confrontation on water sharing? Modi asks in Raj

 

In the line of Robert Vadra, Money grew on Shoma’s hair, not on tree

 

Nov 28

 

Sheila Dikshit on AAP alliance: So Kejriwal never uttered a single word against Sonia Gandi

 

We were using a microscope to find where the Central Govt is, where the Raj Govt is: Modi in Sikar to salute Land of brave

 

Tejpal seeks extension till November 30: CCTV grab shows him entering lift with victim female journalist

 

FULL TEXT; RESIGNATION LETTER OF SHOMA CHAUDHURY WHOSE NAME IS IN FIR

 

FULL TEXT OF FIR AGAINST TARUN TEJPAL

 

Full Text: Tejpal’s original first mail ‘informal apology’ and its rebuttal by the victim female journalist

 

Nov 27

 

Delhi High Court reserves verdict on bail, did not even stop to arrest: Next hearing on Nov 29

 

Today court makes free from murder charges to Jayendra Saraswati and his brother Vijyendra

 

Why did Rapist encircle Hollywood Bollywood CIA Mullah Zaeef & Chidambaram in Goa? Goa Police summons to Tejpal!

 

Nov 26

 

Hi-Tech became Chair used by Modi at Agra Rally, is looking to bid for millions

 

BJP PM Candidate Modi is only Indian shortlisted by Time for ‘Person of the Year’ title

 

Is THiNK Rapist going in the line of iGate CEO Phaneesh Murthy and Bill Clinton?

 

Nov 25

 

Read 800 worded Email of the Victim of Rapist addressed to Tehelka’s Managing Editor Shoma

 

When he came here, he was Narendra. When he left from here, he became Vivekananda: Modi in his Khetri Rally

 

In Presence of CIA, Pak PM Political adviser Zaeef, Chidambarm THiNK in Goa held: Read 3000 worded Email of the Victim

 

Ex-CBI man altered Rajiv death accuse Statement: Was Quattrocchi with LTTE not involved?: Congress should clarify

 

Nov 24

 

Most power-poison is in the stomach of Congress which tastes it since 60 yrs: Modi

 

Read 3000 worded Email of the Victim: THiNK in Goa Participants Bachchan Shekhar Priyanka should break silence

 

Nov 23

 

Read Emails: Neither absence of CCTV nor Victim even by withdrawing the complaint can block the arrest of accused Tejpal

 

Don’t try to find me on stage; I am in your hearts, in your dreams: Modi to audience

 

Nov 22

 

Modi in Khandwa: Instead of filling stomachs of the poor they are interested in filling bottles of alcohol.

 

Was there any conspiracy against Modi at Goa in THiNK organized by Tejpal Tehelka?

 

Read 3000 worded Email of the Victim of Rapist Tarun Tejpal of Tehelka

 

Nov 21

 

Modi roared in Tajmahal City: BSP and SP compete Congress in adopting Vote bank politics

 

Khooni Panja to Sexy Panja:Tejpal the great follows Renounce Path of Super PM

 

Nov 20

 

Special for Tunch Mall: Romantic Nehru

 

When Nehru snooped Subhash Bose via British PM Attlee and Russian dictator Stalin…

 

Threat of attack on Modi via Shaheen Women bomber, Explosive-laden car and Rocket launcher

 

I am not here only to ask for votes, but this is a pilgrimage for me: Modi in MP

 

Nov 19

 

Yes, Modi is married, but against his will, What about Sonia’s Pre-Marital Life? Swamy asks

 

Modi in Rajasthan: Give victory in assembly now and LokSabha in 2014 to keep sweets in both hands

 

Nov 18

 

KejriwalJi threw black ink on Anna’s Noble Movement and never uttered a single word against Sonia Ji, why?

 

Modi challenges ‘Madamji’ and ‘Shahzada’ to talk on development instead of Sahabzada

 

Kiran Bedi Possible BJP candidate against Kapil Sibbal and Sanjay Singh against Rahul in Election 2014

 

Nov 17

 

Sea of saffron in Bengaluru: Onion tears due to ignorance of scientific suggestions

 

Today Rahul in his Delhi Rally predicts BJP Rule in Maharashtra and Karnataka!

 

Nov 16

 

Modi’s Rally Highest in Bangalore History with 4 lakhs crowd to remind Patel’s Statue highest in world

 

After killing POTA passed by Vajpayee Govt now Prevention of Communal and Targeted Violence Bill coming!

 

As Nehru 1955 Lohpurush Patel 1991, Dhyanchand would get Bharat Ratna after Sachin

 

????????????????????????????????????????????

 

Nov 15

 

Sunny Deol may congest against Minister Manish Tiwari from Ludhiana as Sanjay Singh against Rahul Gandhi

 

???????????????????????????????????????????

 

Tea-seller PM vs PM who sells the nation

 

Nov 14

 

SP leader Naresh salutes Ex-Hotel Waitress saying Tea-seller not fit to be PM

 

UK PM coming India to shake hands with Modi vs Amartya and Ananthamurthy follow Quit India

 

Now another Cong MP joins BJP to loud Modi’s voice after Cong MP Sanjay Singh decision to fight against Rahul

 

Bofors to Campa Cola Compound: Misuse of Caged Parrot from Rajiv Gandhi to MMS

 

Nov 13

 

How does SC stay Campa Cola Compound demolition predict next PM Modi?

 

Congress MP Sanjay Singh ready to contest against Rahul Gandhi from Amethi as BJP candidate

 

Nov 12

 

Australian Brewery’s beer bottles with Ganesha, Lakshmi images Angers NRIs but not Foreign Minister Khurshid

 

Why did Nehru turn down offer to India a permanent seat in the UN Security Council? Why does Sonia Cong Pro Pak China?

 

Combodia and Thailand shake hand for 900-year-old Shiv Mandir vs Ramlala Temple in Ayodhya

 

Combodia and Thailand shake hand for 900-year-old Shiv Mandir vs Ramlala Temple in Ayodhya

 

Nov 11

 

Is Mullah Zaeef adviser of Pak PM or Cong Govt? Congress fighting Election 2014 with Taliban

 

Why do Swiss A/c holders AG Vahanvati, Hasan Ali and Congress save each other?

 

Nov 08

 

Why did Akhilesh Govt confuse people who want to attend Bahraqich rally?

 

Rahul to EC: Claims he follows Congress party line on ISI remark

 

US President Obama with Modi Visa not an issue

 

Existence of Caged Parrot illegal and unconstitutional: HC

 

Nov 07

 

Who coined maut ka saudagar which became bhasmasur for Congress in Gujarat?

 

Nov 06

 

Assassins of Subhas Bose rule India now want to let killing of Modi?

 

China vs Loh Purush Patel’s letter to NehruNov 02

Nitish for violence bill and terrorist’s uncle? Modi embarrassed Loh Purush and victims’ families

No tags for this post.