Panaji: Tarun Tejpal’s counsel told the Bombay high court on Friday that the complainant in the 2013 alleged rape case had a “propensity to lie” and that her partying and drinking were “not commensurate” with someone who had been raped and traumatised.Senior advocate Aabad Ponda, appearing for Tejpal in the state’s challenge to his 2021 acquittal, said “amnesia and trauma were her answer to every question,” arguing she was an unreliable witness and that her testimony raised “serious doubts” about the allegations.“Trauma and lack of knowledge are her mantras when faced with any piercing question,” said Ponda.He placed WhatsApp messages between the survivor and her friends before the court, contending they contradicted her claim that she was distressed after the incident. Ponda also alleged she embellished her accusations, arguing her initial complaint referred to an attempt to rape rather than rape and that she sought to sensationalise the case.The defence further claimed she contacted witnesses in advance and coached them on statements and timelines, alleging “everything was preplanned”.On a message sent by Tejpal referring to “fingertips” after the alleged incident, Ponda argued it did not establish rape. “Are you going to create evidence against yourself?” he asked.Last month, solicitor general Tushar Mehta, appearing for the state, told the high court there was “no reason for a grown up man, of her father’s age” to send such a message after midnight, arguing it could not reasonably have an innocent meaning. Ponda countered on Friday that the “fingertips” text had a different context and did not prove the charge of rape.The defence also argued Tejpal was induced to tender an apology to the survivor under pressure to bring closure to the matter.
