Been interested in the #TarunTejpal case from the start. Interesting to see that news and social media continues to treat him as the rapist and his accuser as the victim regardless of the judgment.
They also claim that HE is the influential one.
How does that compute?
The coverage of the judgment never fails to mention what the judge said about the accuser's behaviour and also never fails to exclude the context - inconsistencies and contradictions in her statements all through the case, including for trivial things like knowing the rape law.
The coverage also consistently fails to mention that among the first thing Tejpal said after the FIR was filed was to make the CCTV footage public. His defense was that nothing happened in the lift. They got off on the 1st floor, then got back into the lift and went to 2nd.
7 years later, he is acquited because of CCTV footage of the floor that would dis/prove his claim going missing under the watch of the same IO who filed the complaint AND investigated the case. The same IO who also did not take witness statements that contradicted prosecution.
This is what got Tejpal acquited, not judge's views on how a victim should behave, though if you read the judgment, the discrepancies are glaring and it is certainly understandable why she made those comments, even if not acceptable presentation to feminists.
There is extensive sexual content in the judgment - the nature of both the case as well as defense.
Incidentally, people objecting to judgment - not published in news, didn't have a problem with victim's explicit emails describing same experience being public on most news sites.
Unless of course, the oh so content conscious knew the victim had consented to her experience being published openly word-for-word in news but not in judgment?
This is basically BJP, media and feminists saying a giant "FUCK YOU" to the judiciary.
Basic deal with the case is that the victim's story kept changing, was contradicted by evidence and prosecution failed to even show that a lift could be kept shut for the duration it would take for the rape or that it would be possible to do an oral rape under 2 min given details
Tejpal's defense was simply more plausible in addition to the gigantic holes in the prosecution's case.
Tejpal's claim was that lift wasn't kept shut for 2 min, they got off on 1st floor mistakenly, then got back into lift. Further supported by him immediately asking for CCTV.
All this is there in the judgment. Also explanations for the various detailed references of sexual content - Tejpal's defense claims that his apology was for a conversation that was sexually explicit that mentioned a story she told - that she had also told to others.
I have no idea if it was necessary to include the details, but the more I read news coverage, the more I suspect it is there because the judge knew that anything short of a guilty verdict would be attacked and is covering her ass by detailing evidence that led to the judgment.
Perhaps she is still really the victim, but the prosecution failed to make the case, she failed to describe the crime consistently. None of this is the judge's fault.
The language use about the judge for simply doing her job is absolutely unacceptable.
Also the allegations of state/cops supporting Tejpal are absurd. The investigation literally omitted evidence and testimony that would exonerate him. How is that helping?
You support the victim regardless of evidence, say that. Say there may be fault in prosecution, but you are convinced victim's accusations are true and Tejpal is guilty. Don't pretend judgment is unjust toward her because you want to support her also and claim moral ground also.
Yes, it is true that often trauma can't be proved. But victim words, even when contradicting evidence can't be rubber stamped.
Any other accused, and someone would remember "innocent till proved guilty" at some point. With Tejpal and the media rampage? SC will also get trashed.
Basic problem here is the interpretation of feminism as women being too stupid to lie and men being too abusers to be innocent if there is enough visibility. Just not possible, never mind the eivdence. Respects literally no one.
"poor thing, don't expect consistency, she's traumatized. She may be partying, but inside she is crying. Don't expect what she said earlier to be truth, it is what she said after considering that is truth. No wait, it is the version after seeing CCTV footage"
If you think this is respecting women, I disagree. It is basically saying women must be believed no matter what they say and they cannot be expected to be credible.
This is so far away from the truth of being a woman and having to prove yourself over and over, it is an insult.
I really, REALLY did not want to do this. But when literally everyone with any influence on media and SM is still dismissing key points of the judgment and talking like the judgment is wrong and insulting the judge (also a woman), one voice acknowledging becomes necessity.
The ONLY factual reporting of the #TarunTejpal judgment that I found so far and is a fairly reliable read if you don't want to read 500+ pages (including context for judge's comments on behaviour of PW1)
@sdevika8 Tejpal may well be found guilty by a higher court, but in this one, he was acquitted and not because the judge was somehow in cahoots with him.
Those continuing to call him a rapist and insulting the judge need to decide whether they respect the judiciary or even justice at all.
@sdevika8 Really grateful that this was written, because I was so fed up, I was on the verge of writing a summary myself. But I doubt I'd have done this good and patient a job.
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You want to talk about how women discredit women? Let's discuss how feminists are treating a woman judge who gave a judgment that they are trashing like it means nothing and the opposite is true and continue to refer to the accuser as the victim and acquitted accused as rapist.
I mean, this is "feminists" with no authority or competence over a judge trashing her for not acting like they expected her to. Note that this is not about merely disagreeing or filing an appeal and so on, but actually insults leveled at her and completely ignoring any competence
"Feminists" trashing the judge in the #TarunTejpal judgment and ignoring the legal evidence and testimonies cited.
This is literally no different from Ramdev & Co trashing doctors and ignoring scientific evidence.
Five path-breaking principles on criminal jurisprudence that emerge from the Goa Sessions Court's Tarun Tejpal judgment barandbench.com/columns/litiga… Truly hideous advice from @barandbench
My suggestions:
- GO TO POLICE ASAP 1/n
@barandbench - Give as accurate a statement as possible. Avoid anything that is not true, particularly if not directly relevant to events. Rapist will NEED those inconsistencies for defense. Don't make it easy.
- Medical test, evidence. There may be no injuries, but forensics may find.
@barandbench - Do not provide multiple versions of your story in different places. If possible, use original police complaint to share story if necessary.
- Avoid trying to manipulate confessions. They won't be accepted and will look bad for you.
- If you are going to court, avoid media!
Again being called a misogynist who wouldn't help a victim of sexual assault.
Is it HELP to call for the arrest of a rape accused in what is guaranteed to be a high profile case, WITHOUT KNOWING what kind of a case the victim (who was a journalist covering VAW did not file) has?
The victim had won in media courts. It was her messiahs riding morah high horses that started clamoring for his arrest.
Now they are after the judge who gave judgment.
What next? High Court? Supreme Court?
My idea of help to the victim would be to drop the case in exchange for not facing defamation charges in the future.
Even if she was really assaulted, the investigation is screwed and contradictions unfavorable to her on record. If she won, would again be challenged anyway.
Praful Khoda Patel making problematic changes in Lakshadweep without consultation with locals, no SOP, absurd limitations on who can contest elections, damaging to fishing (major economic activity), increased pandemic risks. twitter.com/i/spaces/1rmGP…
Other problematic developments under Praful Khoda Patel
Restrictions on beef, meat
Introduction of Amul
Cutting connectivity with Kerala
Refusing right to contest panchayat elections to people with more than 2 children
Do yourself a favor, before insulting a judge because you don't like the judgment, read the judgment. News articles are literally baiting feminists with trigger words. There's over 500 pages explaining reasoning. THEN disagree if you will.
"There are material contradictions and ommissions and inconsistent statements in the deposition of the victim brought on record in cross-examination of PW1 which make her testimony of not sterling quality to base the conviction only on her testimony."
The judgment goes into considerable detail to explain the judgment. For example, this is for those who went "But he confessed" - this was obvious from the word go. I am astonished the victim got such legal advice given the abundance of competence supporting her.
I am truly amazed that news reports on the #TarunTejpal verdict are making no mention whatsoever of detailed mentions of various statements by victim that did not match evidence or were plain absurd and are only quoting provocative conclusions known to trigger feminists.
Many people are citing that victim's testimony should be believed, but does that mean believed in spite of contradictory evidence?
It is almost like media wants to provoke a bawal counting on outragers not reading.
And it is really trivial stuff made absurd by denials. What is the point in denying knowledge of rape laws or importance of evidence, etc after admitting to reporting on VAW AND getting a book grant for same subject? How to trust on unverifiable stuff?