Tag: sexual assault case

  • Arrest warrant issued against JD(S) MP Prajwal Revanna

    A special court for MPs and MLAs here has issued an arrest warrant against JD(S) MP Prajwal Revanna in the sexual assault case. The court issued the warrant in connection with the sexual assault case registered against Prajwal on Saturday in which his father and Holenarasipura MLA H D Revanna is also an accused.

    Revanna, son of former Prime Minister H D Deve Gowda, is on bail after spending seven days in jail after four-day police custody for allegedly kidnapping a woman.

    There are three cases of sexual assault registered by three women against Prajwal, the NDA’s Hassan Lok Sabha candidate who is at large. A blue corner notice has been issued against him by the Interpol. AllUttar PradeshMaharashtraTamil NaduWest BengalBiharKarnatakaAndhra PradeshTelanganaKeralaMadhya PradeshRajasthanDelhiOther StatesTrouble started for Prajwal after large number of explicit videos showing women being sexually assaulted allegedly by him became public.

    Subsequently, the Karnataka government constituted a Special Investigation Team (SIT) on the recommendations of Karnataka State Commission for Women chairperson Nagalakshmi Chowdhary to probe Prajwal’s alleged atrocities on women.

  • Los Angeles court denies retrial for Bill Cosby in Judy Huth sexual assault case

    By ANI

    WASHINGTON: A Los Angeles Superior Court judge has stated that American comedian and actor Bill Cosby, in his sexual assault civil case involving a minor from the 1970s, will not get to re-litigate.

    According to Deadline, in a September 27 ruling, Judge Craig Karlan said, “Cosby has failed to establish he received an unfair trial or that insufficient evidence existed to establish his liability for Plaintiff’s harm.”

    This decision denies Cosby a retrial on the decades-old claims by Judy Huth. The ruling by the LASC judge came fairly quickly after hearing arguments on September 23 in the Santa Monica Courthouse.

    Cosby’s attorneys have sought to have Karlan overturn the June jury decision against their client, based primarily on timeline inconsistencies in Huth’s case.

    Initially, back in 2014, Huth had claimed that she was assaulted by Cosby at the age of 15 in Hugh Hefner’s Playboy Mansion.

    Mere weeks before the civil trial, Huth said that she had a clear memory of events and moved the year of the assault to 1975.

    In a statement to Deadline, Cosby’s longtime representative Andrew Wyatt said, “Judge Karlan denying Mr Cosby a new trial was expected but it’s unfortunate that this judge ignored the inconsistencies in Ms Huth’s testimony during cross-examination and the mere fact that Ms Huth changed her timeline of events in the 11th hour before the trial.”

    He added, “We have always stood our ground by saying, ‘This was a trial by assassination against Mr Cosby.’ The afterglow for Mr Cosby is that he maintains his innocence and vehemently denies all alleged allegations waged against him; but most importantly, Mr Cosby will move forward with his appeal, which will preclude any monies (USD 500,000) from being awarded to Ms Huth.”

    Previously, over 50 women have accused Cosby of sexual misconduct. The American actor was also convicted of sexually harassing Andrea Constand in Philadelphia as a result of which he was sentenced to three years in a state prison in Pennsylvania, reported CNN.

    However, on an appeal, his conviction was overturned and he was released from prison in September 2021.

    WASHINGTON: A Los Angeles Superior Court judge has stated that American comedian and actor Bill Cosby, in his sexual assault civil case involving a minor from the 1970s, will not get to re-litigate.

    According to Deadline, in a September 27 ruling, Judge Craig Karlan said, “Cosby has failed to establish he received an unfair trial or that insufficient evidence existed to establish his liability for Plaintiff’s harm.”

    This decision denies Cosby a retrial on the decades-old claims by Judy Huth. The ruling by the LASC judge came fairly quickly after hearing arguments on September 23 in the Santa Monica Courthouse.

    Cosby’s attorneys have sought to have Karlan overturn the June jury decision against their client, based primarily on timeline inconsistencies in Huth’s case.

    Initially, back in 2014, Huth had claimed that she was assaulted by Cosby at the age of 15 in Hugh Hefner’s Playboy Mansion.

    Mere weeks before the civil trial, Huth said that she had a clear memory of events and moved the year of the assault to 1975.

    In a statement to Deadline, Cosby’s longtime representative Andrew Wyatt said, “Judge Karlan denying Mr Cosby a new trial was expected but it’s unfortunate that this judge ignored the inconsistencies in Ms Huth’s testimony during cross-examination and the mere fact that Ms Huth changed her timeline of events in the 11th hour before the trial.”

    He added, “We have always stood our ground by saying, ‘This was a trial by assassination against Mr Cosby.’ The afterglow for Mr Cosby is that he maintains his innocence and vehemently denies all alleged allegations waged against him; but most importantly, Mr Cosby will move forward with his appeal, which will preclude any monies (USD 500,000) from being awarded to Ms Huth.”

    Previously, over 50 women have accused Cosby of sexual misconduct. The American actor was also convicted of sexually harassing Andrea Constand in Philadelphia as a result of which he was sentenced to three years in a state prison in Pennsylvania, reported CNN.

    However, on an appeal, his conviction was overturned and he was released from prison in September 2021.

  • SC closes plea on trial in sexual assault case against Tarun Tejpal, says court rendered verdict

    By PTI
    NEW DELHI: The Supreme Court on Monday closed the case related to extension of time after noting that a trial court in Goa has completed the trial by rendering acquittal verdict in the sexual assault case against Tehelka magazine founder Tarun Tejpal.

    On May 21, a trial court of Mapusa town of Goa acquitted Tejpal, the former editor-in-chief of the Tehelka magazine, in the case where he was accused of sexually assaulting his then woman colleague in a lift of a five-star hotel in Goa in November 2013 when they were attending an event.

    The state has also filed an appeal in the case.

    The apex court, in October last year, had extended till March 31, 2021 the time for completing trial in the sexual assault case at the request of the trial judge.

    The Goa government had also earlier moved the top court seeking extension of time to complete the trial.

    “The trial is concluded, Now, no order is required (on extension),” a bench of justices Ashok Bhushan, Vineet Saran and M R Shah said while closing the case.

  • ‘She didn’t show normative behaviour of a sexual assault victim’: Court questions conduct of victim while acquitting Tarun Tejpal

    By PTI
    PANAJI: A sessions court in Goa while acquitting journalist Tarun Tejpal in a 2013 rape case questioned the complainant woman’s conduct, holding that she did not exhibit any kind of “normative behaviour” such as trauma and shock which a victim of sexual assault might show.

    In her 527-page judgment delivered on May 21, which was made available late Tuesday night, sessions court judge Kshama Joshi said the victim’s actions such as “proactively” sending messages to the accused about her location in the aftermath of the alleged sexual assault did not support her “narrative of extreme implausibility”.

    The court also relied on the CCTV footage of the woman after the alleged incident to question the prosecution’s case.

    Tejpal, former editor-in-chief of the Tehelka magazine, was on May 21, 2021 acquitted of all charges.

    He was accused of sexually assaulting his then colleague in a lift of a five-star hotel in Goa in 2013 when they were attending an event.

    “It is extremely revealing that the prosecutrix’s (complainant) account neither demonstrates any kind of normative behaviour on her own part that a victim of sexual assault might plausibly show,” the judgment said.

    CCTV footage and photographs clearly proved that the woman was “absolutely in a good mood, happy, normal and smiling and did not look distressed or traumatized” even though these footage or photographs captured her after the alleged sexual assault had taken place, the court said.

    The CCTV footage submitted by the prosecution showing the woman walking out of the lift after the alleged incident did not support her claim that she was in “shock or trauma and blinking in tears”, it said.

    ALSO READ | Tarun Tejpal acquittal likely to deter other victims from reporting sexual assault cases: Activists

    “It cannot be lost sight (of) that rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause an equal distress, humiliation and damage to the accused as well,” the court said.

    It was also “unnatural” on the part of the victim to send a message to the accused subsequently about her location in the hotel, the court said.

    If she had been recently sexually assaulted by him and terrified of him and was not in a proper state of mind, then why should she report to the accused and disclose to him her location, the court asked.

    The victim sending messages to the accused “proactively” without any attempt by him to ask her where she was clearly established that she was not traumatised or terrified of being found by him, the court said.

    Further, there was no medical evidence to prove sexual assault as the FIR was filed after a delay and the woman refused to undergo medical examination, the judge noted.

    If, as per the victim’s claim, she had struggled with the accused (during the alleged sexual assault), she would have suffered some injuries, but she admitted she did not receive any physical injury, the court said.

    On the victim’s deposition of the alleged incident, the court said, “This is a narrative of extreme implausibility and it is not possible to believe that the prosecutrix, a woman who is aware of laws, (who is) intelligent, alert and physically fit, would not push or ward off the accused if she got pushed up against the wall.”

    The victim, as a journalist, reported on issues related to sexual crimes against women and gender issues and was hence aware of the latest laws on rape and sexual harassment, the court said.

    Further, she made completely inconsistent statements which created doubts about the truthfulness of her claims, the judge noted.

    “The scrutiny of the prosecutrix’s evidence reveals several discrepancies/changes in her versions” but the police and prosecution turned a blind eye to them, the court observed.

    The woman’s memory of the events was “highly convenient which fails to function at crucial times, whenever evidence to the contrary is produced” and ‘there are material contradictions and omissions and inconsistent statements in the deposition of the victim which make her testimony not of sterling quality to base the conviction only on her testimony,” the court said.

    Referring to an apology email sent by Tejpal to the woman on November 19, 2013, the court said it might not have been sent voluntarily.

    He might have written it due to “explicit pressure and intimidation by the victim” on the Managing Editor of Tehelka to act swiftly and also the inducement and promise by the victim that the matter would be closed at the institutional level if Tejpal were to tender an apology, said the court.

    It could not accept this email as admissible evidence against Tejpal, the court held.

    The judge also noted that before lodging the FIR, the woman reached out to prominent lawyers, a member of the National Commission for Women and also a few journalists.

    “With the help of experts, there may be a possibility of doctoring of events or adding of incidents. Advocate for the accused has thus rightly submitted that the deposition of the prosecutrix has to be scrutinized in that angle,” the order said.

    The court also took note of a claim made by a defense witness that the victim had told him during the event (when the alleged incident took place) that she had been flirting with Tejpal.

    The victim in her deposition also stated that she did not believe that there was anything “immoral about consensual sex, consuming alcohol or smoking,” the court noted.

    The court also took note of the content of hundreds of messages sent by the victim from her mobile phone, submitted as part of the prosecution evidence.

    “The (victim’s) messaging record shows that it was entirely the norm for the prosecutrix to have such flirtatious and sexual conversations with friends and acquaintances,” the court said, noting that Tejpal and the victim had had a flirtatious conversation on the night of the alleged incident.

    While rejecting all charges against Tejpal, the court only accepted the argument that he was in a position of trust or authority towards the victim, and was in a position of control or dominance over her.

  • Acquitted Tarun Tejpal thanks Goa court for ‘rigorous, impartial, free trial’

    By ANI
    PANAJI: After his acquittal on Friday in the alleged sexual assault case, Tehelka magazine Editor-in-Chief Tarun Tejpal said he had been “fasely accused” and thanked the additional sessions judge court in Goa for its “rigorous, impartial and fair trial.”

    In a statement after the verdict, Tejpal also thanked the additional sessions court judge Kshama Joshi who delivered the verdict for “standing by the truth” in an “awfully vitiated age, where ordinary courage has become rare”.

    “In November 2013 I was falsely accused of sexual assault by a colleague. Today, the Trial Court of Additional Sessions Judge Kshama Joshi, in Goa, has honourably acquitted me. In an awfully vitiated age, where ordinary courage has become rare, I thank her for standing by the truth,” Tejpal said in a statement.

    “It is with profound respect that I thank this court for its rigorous, impartial and fair trial and for its thorough examination of CCTV footage and other empirical material on record,” said Tejpal.

    The Tehelka Magazine founder said that the past seven-and-a-half years had been traumatic for his family as they dealt with “the catastrophic fallout” of the “false allegations” on every aspect of their personal, professional and public lives.

    “We have felt the boot of the state, but through it all, we have co-operated fully with the Goa police and the legal system, through hundreds of court proceedings. We have unwaveringly followed every mandate of due procedure and abided by every principle of law as laid down in the Constitution. We have also endeavoured to uphold every norm of decency expected in a case like this,” he said.

    Tejpal also thanked his lawyer Rajiv Gomes, who died of Covid.

    Tejpal, who was already out on bail, was accused of sexually assaulting his colleague at a five-star resort in North Goa. He was arrested on November 30, 2013

    On September 29, 2017, the court had charged him with various Sections of the Indian Penal Code (IPC), including rape, sexual harassment, and wrongful confinement. He, however, pleaded not guilty.

    Following the framing of charges, Tejpal moved the Supreme Court seeking quashing of the charges levelled against him.

    In August, the top court refused to quash the charges and directed the trial to be concluded within six months.