Case Note & Summary
The State of Goa filed an appeal against the acquittal of the respondent, the Editor-in-Chief of Tehelka magazine, who was charged with sexual assault on a junior colleague during the THiNK Fest 2013 event. The victim, a principal correspondent at Tehelka, alleged that on 7 and 8 November 2013, the respondent sexually assaulted her in a lift at the Grand Hyatt hotel, using his position of power. The trial court acquitted the respondent of offences under Sections 376(2)(f), 376(2)(k), 354, 354A, 354B, 341 and 342 of the Indian Penal Code. The High Court admitted the appeal, observing that a prima facie case existed and required deeper scrutiny. The judgment was reserved on 30 July 2026 and pronounced on 6 August 2026, but the text provided does not contain the final decision or reasoning. The appeal raised several legal issues, including the scope of appellate interference in acquittals, assessment of victim's testimony, admissibility of CCTV footage, and the 'perfect victim' construct. The court heard submissions from the Solicitor General for the State and senior counsel for the respondent. However, the final outcome and directions are not included in the provided excerpt.
Issue of Consideration
CRIMINAL APPEAL NO. 16 OF 2022
Case Details
2026 LawText (BOM) (08) 39
Criminal Appeal No. 16 of 2022
Dr. Neela Gokhale, Amit S. Jamsandekar
Tushar Mehta (Solicitor General of India), Devidas J. Pangam (Advocate General), S.G. Bhobe, Cyndiana Silva (Public Prosecutors), Pravin Faldessai, Nikhil Vaze (Additional Public Prosecutor), Maria Simone Correia, Shubham Priolkar, Neehal Vernekar, Eshan Jacques, Ajay Borkar (Additional Government Advocates) for Appellant. Aabad Ponda (Senior Advocate), Subash Jadhav, Raunaq Rao, Tabitha Souto for Respondent.
State of Goa (Through CID CB, North Goa, Goa)
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Nature of Litigation
Criminal appeal against acquittal
Remedy Sought
The State of Goa sought to set aside the trial court's acquittal and convict the respondent for the charged offences.
Filing Reason
The State contended that the trial court erred in appreciating evidence and wrongly acquitted the respondent.
Previous Decisions
The Additional Sessions Judge, Mapusa, in Sessions Case (Ors.) No. 10/2014, acquitted the respondent of all charges on 21st May, 2021. The High Court granted leave to appeal on 23rd April 2022, observing that a prima facie case existed and arguable issues were raised.
Judgment Excerpts
This Appeal assails the Judgment and Order dated 21st May, 2021, passed by the Additional Sessions Judge at Mapusa in Sessions Case (Ors.) No. 10/ 2014, acquitting the Respondent herein (Original Accused) of offences punishable under Sections 376(2)(f), 376(2)(k), 354, 354A, 354B, 341 and 342 of the Indian Penal Code, 1860 ('IPC').
By a reasoned Order dated 23rd April 2022, this Court opined that a prima facie case is made out and that arguable issues are raised by the Appellant-State of Goa, thereby necessitating deeper scrutiny and re-appreciation/reconsideration of the evidence to ascertain the correctness and legality of the Judgment and Order impugned herein.
The victim’s allegations against the Respondent are that, on 7th November 2013, at around 10.20 p.m., the Respondent and the victim accompanied Mr De Niro to his room on the 2nd Floor of Block No. 7 of the hotel. After dropping Mr De Niro at his room, as the Respondent and the victim were leaving the lobby, the Respondent instructed her to accompany him back to Mr De Niro’s room to wake him up. The victim complied with his instruction, as he was her boss. Inside the lift, the Respondent sexually assaulted her, ignoring her pleas to stop. He manipulated the lift control panel to keep the doors closed.
Procedural History
On 22 November 2013, after media reports of alleged sexual assault, the National Commission for Women requested registration of FIR. The CID Crime Branch registered FIR No. 27/2013 under Sections 354A, 376, 376(2)(k) IPC. Later, additional sections 341, 342, 376(2)(f), 376-C, 354 were added. The case was committed to Sessions Court on 21 February 2014. Charges were framed on 7 September 2017 under sections as above. Trial proceeded with 71 prosecution witnesses and 4 defence witnesses. The trial court acquitted the respondent on 21 May 2021. The State filed appeal; leave to appeal granted on 23 April 2022. The High Court reserved judgment on 30 July 2026 and pronounced on 6 August 2026.
Acts & Sections
- Indian Penal Code, 1860: 376(2)(f), 376(2)(k), 354, 354A, 354B, 341, 342
