My view of the #TarunTejpalCase in detail in this interview.
1) The Sessions Court has not mere displayed ignorance of law on s53 of Evidence Act works in trial, on circumstances in which burden of proof is on prosecution to produce allegedly exculpatory evidence etc.
1) The Sessions Court has not mere displayed ignorance of law on s53 of Evidence Act works in trial, on circumstances in which burden of proof is on prosecution to produce allegedly exculpatory evidence etc.
https://twitter.com/htTweets/status/1397904933983121415
2. Sessions Court has violated law of privacy, s228A of IPC, victim's identity yes, but also her other allegedly flirtatious chats which have
Nothing
To do
With
Consent.
Nothing
To do
With
Consent.
3. This is directly contrary to SC directions in Aparna Bhat's case, decided as recently as 18th March. And on this basis alone remarks are liable to be made in the apellate decision. Judge should be suspended and sent for retraining.
Judgment has a chilling effect on survivors.
Judgment has a chilling effect on survivors.
4. Most imp: Email of "Atonement' couldn't have been coerced, in a different place Tejpal has been found to be in a dominant position of authority. Even the evidence already on record should have brought a conviction under s354A IPC, of sexually coloured remarks without consent.
5. While those who stand for constitutional equality, including gebder equality, find ourselves on the same side as the BJP on this, zealous prosecution of Tejpal should be replicated in equally zealous prosecution of the likes of Kuldeep Singh Sengar...and it isn't.
6. In a judgment full of anti - woman bias, never forget that Tejpal's note thanking the court was dated 2 days prior, is there an explanation? If he'd drafted two press statements -one if he won, the other if he lost -why didn't he release second to demonstrate his bonafides?
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