Goa cops destroyed proof in Tarun Tejpal case: Court | India News – Times of India

PANAJI: The extra classes court docket, Mapusa, acquitting Tarun tejpal, held that Goa police destroyed “clear proof of proof” by not producing the CCTV footage of the primary flooring of the 5-star lodge in which the Tehelka founder-editor allegedly raped a girl, although the investigation officer “seen” the footage. In its 527-web page order, the court docket additionally referred to numerous lapses by Goa police in addition to contradictions by the survivor.
The court docket stated that the investigation officer (IO) collected the CCTV Footage of the bottom, first and second flooring, however that “the footage of the primary flooring can’t be discovered for the perusal of the court docket, which is a cloth lapse by the investigation officer”.
The choose stated that the IO didn’t evaluate the assertion made by the survivor on November 26, 2013 with the CCTV footage, which constitutes probably the most impartial proof in the case. The court docket added that the officer, after viewing the CCTV footage, was conscious of the contradiction between the footage and her account.
“You will need to be aware that the contradictions are sometimes so obvious that the precise reverse of what the prosecutrix (survivor) is definitely brought about on the display screen, but the IO didn’t even query the prosecutrix on the identical,” the court docket held .
The court docket stated {that a} responsibility is forged on the investigation officer to conduct a good investigation in the matter to carry out the reality.
Thus, choose Kshama Joshi held, “Upon contemplating the opposite proof on report, the profit of doubt is given to the accused, as there isn’t any corroborative proof supporting the claims made by the prosecutrix, and the deposition of the prosecutrix additionally reveals enchancment, materials contradictions, omissions and alter of variations, which doesn’t encourage confidence. ”
The court docket famous that the IO seen very important CCTV footage (of November 7, 2013 of the visitor elevate of the primary flooring) on November 21, 2013, and knew that it reveals the accused and the survivor exiting the elevate in the course of the related two minutes on the primary flooring on November 7, 2013, and that the identical would exonerate the accused.
“Even though the DVR (digital video recorder) containing CCTV footage may and may have been connected by the IO on the earliest to protect the very important CCTV footage, the IO seems to have intentionally delayed the seizure of DVR till November 29, 2013, and in the meanime, destroyed the CCTV footage of the primary flooring of November 7, 2013, thereby destroying clear proof of the accused’s protection, ”the court docket stated.
Because the stated CCTV footage of the primary flooring has been destroyed, the DVR produced earlier than the court docket incorporates no information containing the footage of the primary flooring of the visitor elevate of block 7, the choose stated.
Relating to the style in which the probe was carried out, the court docket remarked that the IO gave instructions to the opposite investigation officers to obtain the CCTV footage solely of the bottom and second flooring of the visitor lifts from the DVR of Block 7.
Subsequently, a police inspector, on November 25, 2013, “downloaded solely CCTV footage of the bottom and second flooring, and never of the primary flooring, to destroy all traces of CCTV footage of the primary flooring”, the court docket stated.
The IO by no means sealed the room, in which a DVR containing the essential first flooring footage was housed, the court docket stated.
The case of the prosecution was that on November 7, 2013, Tejpal allegedly sexually assaulted the girl underneath the pretext of waking up US actor Robert de niro. The accused took the survivor into the left visitor elevate of block 7 of the starred lodge, and allegedly dedicated the offence. The prosecution additionally alleged that she was molested once more on November 8, 2013.
Tejpal was charged underneath Sections 354 (assault or utilizing legal power on a girl with an intent to outrage her modesty), 354-A (outraging modesty), 341 (wrongful restraint), 342 (mistaken confinement), 376 (rape), 376 (2) (f) (particular person in place of belief or authority over girl, committing rape of such girl) and 376 (2) (okay) (rape of a girl by an individual being in place of management or dominance over the girl) of the Indian Penal Code (IPC).
The criticism was lodged by deputy superintendent of police (DySP) Sunita Sawant, who investigated the case.


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