Robert De Niro figures in Tarun Tejpal’s arguments in court

The Goa government had subsequently filed an appeal in the High Court of Bombay at Goa challenging the acquittal, and final arguments in the case are ongoing.

Referring to the complainant’s testimony that she stayed back in Goa after the alleged assault since she was in “shock and trauma” and “to process her thoughts”, Senior Advocate Aabad Ponda, appearing for Tejpal, argued on Friday that her conduct, in the aftermath of the alleged incidents, was inconsistent with the prosecution’s case that she was traumatised and fearful.

Citing WhatsApp chats, CCTV footage, emails, testimony of witnesses and other material placed on record during the trial, the advocate said the complainant continued participating in events and social gatherings, and after the alleged incidents, visited Hollywood actor Robert De Niro’s hotel suite at night. Ponda argued that her “movements”, in the week after the alleged assault, were “far from constrained”.

He further submitted that after the alleged incidents, the complainant called out to Tejpal and asked him to join her for a photograph with De Niro, whom she was chaperoning at the event. Tejpal’s counsel argued this was inconsistent with the prosecution’s claim that she was fearful of the accused and trying to avoid the accused. “Why does she ask him to join and pose for a photograph with De Niro?” he asked.

“I am not arguing about her character… You don’t do this if you are traumatised… She has a propensity to lie,” he told the court.

Apology email

Ponda further questioned the prosecution’s reliance on an apology email, arguing that it did not amount to a confession by Tejpal and that the email was not authored or sent by him. He submitted that then managing editor of Tehelka, Shoma Chaudhury, confronted Tejpal with the allegations and urged him to issue a written public apology since, according to her, the complainant had said it was the only way she would achieve closure.

Ponda said that Tejpal denied committing any physical assault during these discussions. He told the court that the text of the apology was prepared by Shoma Chaudhury “under the complainant’s dictation”, while Tejpal’s sister Neena, who handled the organisation’s operations, logged into Tejpal’s computer system and sent the email on his behalf.

Ponda argued that the email, hence, could not be treated as an admission of guilt because it was neither written nor sent by the accused himself, but was drafted by others based on the complainant’s instructions.