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against Tarun Tejpal: Read full text

Chargesheet against Tarun Tejpal: Read full text


Read full text of the chargesheet against Tehelka founder Tarun Tejpal.
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India Today Online


New Delhi February 18, 2014 UPDATED: February 19, 2014 09:46 IST

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M
AY IT PLEASE YOUR HONOUR
    In the limits of Your Hon'ble Court and within the jurisdiction of CID Crime
Branch PS Dona Paula Goa, it is submitted as under:

2.        On 21-11-2013 various national news channels of electronic media carried and
published news stating that during the "Think Fest" organized in Goa by Tehelka, Shri
Tarun Tejpal; Editor-in-Chief of Tehelka allegedly sexually assaulted a woman journalist
working for the Magazine.  It was also stated that the Editor-in-Chief of Tehelka Tarun
Tejpal has stepped down for six months after allegations of sexually assaulting a woman
journalist.

3.     Since the alleged incident was stated to have taken place in a Hotel in Goa, after
careful viewing of the said news and text published on various electronic news channels it
was felt proper by the Goa Police to initiate a preliminary enquiry in the matter to find the
truth. Accordingly, a preliminary enquiry was initiated by the CID Crime Branch of Goa
Police on date 21.11.2013.
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4.     Since the original complaint regarding alleged sexual assault was emailed by the
victim to the Managing Editor of the Magazine Tehelka Ms. Shoma Chaudhury,  an email
was sent to Shoma Chaudhury (witness mentioned in col. No. 13 at sr. No. 18) on her
email address shoma@tehelka.com requesting her to immediately forward the complaint
and other relevant information in regards to alleged sexually assaulting a woman
journalist of Tehelka to Crime Branch of Goa Police for further legal action.  However, no
reply was received in this respect from her.

5.      Taking into consideration the reports of various electronic and print media, other
enquiries conducted and information received from source, it prima facie appeared that a
cognizable offence had been committed by Mr. Tarun Tejpal; Editor-in-Chief of Tehelka
during the THiNK Fest, 2013 held at Hotel Grand Hyatt, Bambolim Goa between 7th  to
11th  Nov. 2013 wherein the said accused Mr. Tarun Tejpal; Editor-in-Chief of Tehelka has
allegedly committed the offence of  sexual assault and rape on a female journalist of
Tehelka.

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6.    In the meantime, a letter was also received through fax from Ms. Shamina Shafiq,
Member of National Commission for Women, New Delhi, addressed to Director General
of Police, Goa, (Witness mentioned in col.no.13 at Sr. No. 17) requesting to take Suo-moto
cognizance with respect to the media report titled 'Sting crusader Tarun Tejpal stung by
sexual assault charge' enclosing the copy of e mail written by the accused to  Ms. Shoma
Chaudhary (witness mentioned in col.no.13 at Sr. No. 18-  ) wherein accused (mentioned
in col. No. 11 at Sl. No. A1)  has himself admitted stating  "the last days have been most
testing and I squarely take the blame for this. A bad lapse of judgement, an awful
misreading of the situation, have led to an unfortunate incident that rails against all we
believe in and fight for".

7.    Hence, keeping in view the gravity of alleged offence, in order to find the truth by
following the due process of law and to set the Law in motion, a FIR was registered by the
IO as Complainant (witness mentioned in col.no.13 at Sr. No. 152 ) vide  CID CB PS Dona
Paula Crime No.27/2013 u/s 354-A, & 376, 376(2)(k) IPC on 22.11.2013 against accused Read
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Tarun Tejpal; Editor-in-Chief of Tehelka  (accused mentioned in col. No. 11 at Sl. No. A1)  
and investigation was taken up.

8.     Further, during the course of investigation, sections 341, 342, 376 (2) (f) and 376C IPC
& Section 354 IPC were added to the original sections of law of this case.

9.     During the course of investigation, the detailed statement of Victim (   victim witness
mentioned in col. No. 13 at Sr. No. 1) was recorded  under section 161 Cr. P.C.  in the 
presence of  Miss Persis Sidhva,  NGO Majlis, (NGO witness mentioned in col.no.13 at Sr.
No. 2)  at Mumbai. In her statement; Victim has given the detailed account of the rape,
sexual harassment and outrage of modesty committed on her by Tarun Tejpal, (accused
mentioned in col. No. 11 at Sl. No. A1).  She has stated that she joined & has been working
with the Tehelka Magazine since January 2009 first as an intern and then was confirmed
as the trainee journalist on date 16th  Feb 2010. She was then promoted as the
Correspondent and later on as the Senior Correspondent. She was transferred to Mumbai
since after her promotion in May 2012, and made the Principal Correspondent. She
received the salary increments and promotions over the years She has furnished the
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received the salary, increments and promotions over the years. She has furnished the
appointment and promotion documents in original signed by the accused Tarun Tejpal.

10.    Victim further stated that being deployed for duty, she came to Goa on 6th  Nov.
2013 for THiNK Fest 2013. She stayed in room No. 211 at Hotel International Centre Goa,
Dona Paula (witness mentioned in col.no.13 at Sr. No. 115). It is important to mention that
the victim was detailed as chaperone to famous Hollywood Actor Robert De Niro. On 7th 
Nov. 2013,  the victim did recce of the 2nd floor of Guest House 7, Hotel Grand Hayatt,
Bambolim Goa where the Hollywood star Mr. Robert De Niro, was booked to stay. She
further stated that Mr. De Niro, Drena (his daughter), Mr Tejpal (accused mentioned in col.
No. 11 at Sl. No. A1) and his wife Geetan Batra (witness mentioned in col.no.13 at Sr. No.
37) arrived at the Grand Hyatt Hotel at around 4 pm on November 7th. She was
introduced to Mr. Robert De  Niro and Drena by Mr. Tejpal (accused mentioned in col. No.
11 at Sl. No. A1) in the lobby of Hotel Grand Hayatt. Mr. Tejpal (accused mentioned in col.
No. 11 at Sl. No. A1), Tiya Tejpal (witness mentioned in col.no.13 at Sr. No. 26 ), a member
of the Grand Hyatt staff (butler) (witness mentioned in col.no.13 at Sr. No. 19) and she
accompanied Mr. De Niro and Drena to their adjoining suites and left them to freshen up.

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11.    Victim female further stated that, later, as it was Mr. De Niro and his daughter's first
night on 7th Nov. 2013 in Goa and at the festival, her Editor-in-Chief  Mr. Tarun Tejpal
(accused mentioned in col. No. 11 at Sl. No. A1) accompanied Mr. De Niro, Drena De Niro
(his daughter) and she to Mr. De Niro's suite situated in Block 7 on the 2nd floor to wish
him goodnight.

12.    Victim female further stated that, they i.e. she and the accused mentioned in col. No.
11 at Sl. No. A1) left the suite at about 10:20 pm.   As they came out of the lobby of Block 7
on the ground floor at the Grand Hyatt, Mr. Tejpal (accused mentioned in col. No. 11 at Sl.
No. A1) put an arm around her shoulders and said to victim - "Let's go wake up Bob" (Mr.
De Niro). She stated that she trusted Mr .Tejpal's  (accused mentioned in col. No. 11 at Sl.
No. A1 ) intentions completely,  entered the lift  with him (accused mentioned in col. No.
11 at Sl. No. A1 ), where she still trusted him  (accused mentioned in col. No. 11 at Sl. No.
A1 ) absolutely, respected and admired him  (accused mentioned in col. No. 11 at Sl. No.
A1 ) as a senior colleague.

13 Victim further stated that when the doors of the lift closed Mr Tejpal (accused
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13.    Victim further stated that, when the doors of the lift closed, Mr Tejpal (accused
mentioned in col. No. 11 at Sl. No. A1 ) began to kiss her by putting his tongue into her
mouth. From the first moment of his doing so, she pushed him away, asking him to stop,
citing several reasons, including her friendship to Tiya ( daughter of accused mentioned in
col. No. 11 at Sl. No. A1 and  witness mentioned in col.no.13 at Sr. No. 26), and that she
worked for Tehelka and he was her boss. She further stated that she was in shock at his
sexual advances towards her. She further stated that she kept repeating "TT, please stop,
this is not okay, you are my boss, I'm Tiya's best friend, you know Paddy (my father), I
work for you."  She further stated that it was like talking to deaf person intent on doing
exactly what he wanted.

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14.    Victim further stated that she then realized that Mr. Tejpal  (accused mentioned in
col. No. 11 at Sl. No. A1 ) had his hands on the lift's panel. She was still begging him to
stop when Mr. Tejpal (accused mentioned in col. No. 11 at Sl. No. A1 ) lifted her dress up(
neon pink and orange, knee length, sleeveless) (property mentioned in col.no. 10 at sr.
No. 10 & 11) went down on his knees and pulled my underwear down to her ankles. He
put his head between her thighs and put his tongue in her vagina, but as she was pushing
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him by the shoulders and trying to make the lift stop, he stood up and inserted his fingers
Article

into her vagina. She further stated that she was terrified at this point and pushed him
hard and asked him to stop the lift. He would not listen. She further stated that the lift
stopped on the ground floor as Mr. Tejpal's hands were on her. As soon as the doors
opened, she pulled up her underwear and began walking out of the elevator. She stated
that they were in the elevator for about two minutes.

15.    Victim further stated that she said "It's all wrong. I work for you and Shoma" , to
which he (accused mentioned in col. No. 11 at Sl. No. A1 ) said first "It's alright to be in
love with more than one person," and then he (accused mentioned in col. No. 11 at Sl. No.
A1 ) said, "Well, this is the easiest way for you to keep your job."

16.    Victim female further stated that they had made their way from Block 7 to the main
lawns of the Grand Hyatt, where she walked straight into the grassy dinner area full of
people away from Mr. Tejpal, and Mr. Tejpal (accused mentioned in col. No. 11 at Sl. No.
A1 )  walked off towards the performance area. She wanted to cry, and could not do so in
the presence of guests and dignitaries. She further stated that as soon as Mr Tejpal
( d ti di l N 11 t Sl N A1 ) l t l
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(accused mentioned in col. No. 11 at Sl. No. A1 ) was completely out of sight, she took a
taxi back to her hotel the International Centre for Goa, where other Tehelka staff were
also staying. She went to the room where the Literary Editor Shougat Dasgupta (witness
mentioned in col.no.13 at Sr. No. 21), Photo Editor Ishan Tankha (witness mentioned in
col.no.13 at Sr. No. 20), and her colleague from the features team Ajachi Chakraborti
(witness mentioned in col.no.13 at Sr. No. 24), were staying. G Vishnu (witness mentioned
in col.no.13 at Sr. No. 22) joined them. She confided in with Shougat Dasgupta, Ishan
Tankha and G Vishnu about the incident. She further stated that they discussed many
options. One was that shougat, Ishan and victim would instantly resign. Another was that
victim should speak to Shoma the very next morning and tell her what had happened,
encouraged victim to think about leaving Goa and going to Delhi to her mother and take
advice about what to do, approaching the Goa police, victim and her family have known
Tarun Tejpal and his family for a long time, scared because Tarun is a powerful and
influential man and she wondered how her complaint of sexual assault would be
received. Victim was very apprehensive because of a number of reasons.

17.    Victim further stated that while the four of them (victim witness alongwith witnesses
mentioned in col.no.13 at Sr. Nos. 21, 20 & 22) were talking in the balcony, Mr. Tejpal
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(accused mentioned in col. No. 11 at Sl. No. A1 ) sent her a message on her mobile no. Article

9820585954 a text message from his personal phone number 9810010981 at 1.17 am on
date 8th November, 2013 which said "The fingertips". She told the people (witnesses
mentioned in col.no.13 at Sr. Nos. 21, 20 & 22) with her on the balcony about this.

18.    Victim further stated that at about 1:13 a.m. time on date 08.11.2013, she called her
boyfriend Aman Sethi  (witness mentioned in col.no.13 at Sr. No. 23) in Addis Ababa,
Ethiopia, first from the internet application on her phone, but because the calls kept
dropping, she called him directly from Ishan Tankha's iPhone No. 9818093673 (witness
mentioned in col.no.13 at Sr. No. 20) . She told Aman that Mr. Tejpal had sexually abused
her in an elevator after they dropped Mr. De Niro to his room, she was still too ashamed
and shocked to tell him the exact physical details of what Mr. Tejpal had done. She further
stated that she also knew that Aman was already extremely disturbed at the little that he
had heard, and to tell him the exact details of what had occurred would further destroy
his peace of mind and sanity, especially since he was in Ethiopia. Aman listened and
comforted her as best as he could for a long time.

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19.    Victim further stated that she was confused, hurt and really, really scared. At that
point she did not wanted to lose her job, which was a high pressure responsibility of
looking after the most important guest at the event. The next morning, on November 8th
,  2013, she went for work. During the course of the work in the day, she discussed the
events of the previous night with Shougat Dasgupta, G Vishnu and Ishan Tankha, who
were really concerned about her particularly after they had seen her state on the previous
night. She further stated that in the afternoon, she accompanied Mr. De Niro, his
daughter, Sir VS Naipaul, Lady Naipaul and Mr. Tejpal's wife (witness mentioned in
col.no.13 at Sr. No. 37)  to the Governor of Goa's bungalow for lunch.

20.    Victim further stated that after post lunch session, she took Mr. De Niro and his
daughter for shopping to Panjim, and brought them back in time for Mr. Amitabh
Bachchan's session as instructed by Mr. Tejpal (accused mentioned in col. No. 11 at Sl. No.
A1 ) at about 6: 30 pm. Once the session was over, Mr. Tejpal (accused mentioned in col.
No. 11 at Sl. No. A1 ), Mr. De Niro, Mr. Bachchan and a few other members of the film
industry, lawyers, politicians etc. met at the Block 7 Grand Club for drinks. She escorted
Mr. De Niro and Drena to this bar at about 8: 00 p.m. Thereafter, she returned to her
hotel at the ICG, to change her clothes, to join the dinner. Read
Article

21.    Victim further stated that while she was getting dressed at her hotel at the ICG, Mr.
Tejpal (accused mentioned in col. No. 11 at Sl. No. A1 ) called her from Thakur Ji's (witness
mentioned in col.no.13 at Sr. No. 25) phone No. 9867343077 (Thakur ji is the caretaker
and manager of Tehelka's Bombay office premises) and asked her where she was. She
informed him (accused mentioned in col. No. 11 at Sl. No. A1 )  that she was about to
leave for the Grand Hyatt.

22.     Victim further stated that while she was on way to the hotel in the taxi, she noticed
that Mr. Tejpal's (accused mentioned in col. No. 11 at Sl. No. A1 )  had already sent her two
text messages on her phone No. 9820585954 from his mobile phone no. 9810010981
which said "Where r u?" at 8:29 pm and then "??" at 8:42 pm. She further stated that she
replied to these messages at 8.42 pm, with the following messages: "On my way to the
lounge" and "Had to sort out a lost package for Drena and get a bit presentable. See you
in 10" at 8.44 pm.  

23.    Victim further stated that on the way to Hotel Grand Hayatt, she received  Tiya's
( i i di l 13 S N 26) SMS ki f T
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(witness mentioned in col.no.13 at Sr. No. 26) SMS asking for Tejpal (accused mentioned
in col. No. 11 at Sl. No. A1 ); her father and hence sent SMS to Tejpal (accused mentioned
in col. No. 11 at Sl. No. A1) from her phone to him (accused mentioned in col. No. 11 at Sl.
No. A1)  at 8.47 pm  on no. 9810010981 saying "Call Tee she needs you" as Tiya had 
messaged her asking to help her find Tarun (accused mentioned in col. No. 11 at Sl. No.
A1). She further stated that at this point she was trying to be as normal and professional
as possible and somehow get through her duties. However despite that she continued to
be very stressed when she reached the Grand Hyatt.

24.    Victim further stated that five minutes later, as she was walking into the Grand Club
lounge at Block 7, Mr Tejpal (accused mentioned in col. No. 11 at Sl. No. A1) was coming
out of the lounge. The lounge and the lobby of block 7 are separated by a courtyard with
a fountain. Mr Tejpal (accused mentioned in col. No. 11 at Sl. No. A1) was already at the
fountain when she had entered the lobby of Block 7. She was a few steps away from the
elevator on the ground floor, heading towards the lounge. He (accused mentioned in col.
No. 11 at Sl. No. A1) pointed at her asking her to stop. She further stated that she was
already worried that she was late and that Mr De Niro had asked for her. Mr Tejpal
(accused mentioned in col. No. 11 at Sl. No. A1) came to her and said "Come up with me,
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we have to get something from Bob's room". Victim further stated that she was frightened Article

that getting into the lift with him (accused mentioned in col. No. 11 at Sl. No. A1) again
would lead to a repeat of the previous night and so she said, "What does he need Tarun?
I'll go upstairs and get it." Victim further stated that she was scared of getting into the lift
with him (accused mentioned in col. No. 11 at Sl. No. A1) again and even more terrified
that he (accused mentioned in col. No. 11 at Sl. No. A1) was going to try and take her into
a room this time. He (accused mentioned in col. No. 11 at Sl. No. A1) held her by the wrist
and took her into the lift. Victim further stated that she did not scream out rightly
because  of the presence of  extremely high profile guests all over Block 7. She was
determined to handle things as professionally and firmly as she could. Yet, as soon as the
doors of the lift closed, Mr Tejpal (accused mentioned in col. No. 11 at Sl. No. A1) started
to kiss her again. Victim further stated that she said "Tarun, please, no, just stop, just don't
do this", and at that time he (accused mentioned in col. No. 11 at Sl. No. A1)  pulled away
from her, smiled, patted her cheek and said "Why? Ok. I'll stop." Victim further stated that
she said again "This just isn't right. Tiya is my best friend. I had lunch with Geetan today. "
victim further stated that she was totally shattered and had tears in her eyes.

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25.    Victim further stated that she turned away from him (accused mentioned in col. No.
11 at Sl. No. A1), desperately waiting for the door to open (there are only three floors in
Block 7 [G, 1 and 2], and they were between floors). Within seconds of her turning around,
he (accused mentioned in col. No. 11 at Sl. No. A1) started to lift up her dress which was a
full length off-shoulder dress, black and blue (property mentioned in col.no. 10 at Sr. No.
11). He (accused mentioned in col. No. 11 at Sl. No. A1) lifted it all the way up to her waist
and said "You're unbelievable". Victim further stated that at that time, the door opened on
the second floor, on Mr. De Niro's floor and he (accused mentioned in col. No. 11 at Sl.
No. A1) said again "The universe is telling us something" to which victim said "I'm taking
the stairs" and started to walk out. He (accused mentioned in col. No. 11 at Sl. No. A1)
pulled her back in the lift, sensing that she was on the verge of hysteria by this point, he
(accused mentioned in col. No. 11 at Sl. No. A1) was totally comfortable physically
manhandling her, but sensing her sheer panic, he (accused mentioned in col. No. 11 at Sl.
No. A1) did not touch her until the lift reached the ground floor. Victim female further
stated that right as the doors were about to open, he (accused mentioned in col. No. 11 at
Sl. No. A1) grabbed her buttocks.  

26.    Victim further stated that she walked out of the lift, hurriedly went into the Grand Read
Article
Club where the private party was still going on. She immediately called Ishan Tankha
(witness mentioned in col.no.13 at Sr. No. 20) outside the club and told him that Mr.
Tejpal (accused mentioned in col. No. 11 at Sl. No. A1) had sexually abused her again.
Victim female further stated, Ishan said "Again? What the fuck is wrong with him?" Victim
further stated, Ishan (witness mentioned in col.no.13 at Sr. No. 20) was completely
disgusted and said once more that they should just resign immediately. Victim further
stated that she knew that Mr Tejpal (accused mentioned in col. No. 11 at Sl. No. A1) now
felt that he (accused mentioned in col. No. 11 at Sl. No. A1) was completely entitled to her
body whenever he (accused mentioned in col. No. 11 at Sl. No. A1) wanted, and would
continue to behave in this manner.  Victim female further stated that despite the trauma
she was afraid of losing her job if she abandoned her duties at that important event.

27.    Victim further stated that by that time at around 10:00 p.m.  she was to accompany
Mr. De Niro to the dining area, so she somehow composed herself. Mr. De Niro was
mobbed by fans - and she took him (Mr. De Niro) away from the main garden to the Capiz
Bar which was a minute away.
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28.    Victim further stated that she was sitting at the Capiz Bar with Mr. De Niro and his
daughter when Tiya Tejpal (witness mentioned in col.no.13 at Sr. No. 26) came there and
joined them. Victim stated that it was for the first time Tiya (witness mentioned in
col.no.13 at Sr. No. 26) and she had spoken since the incident of the previous night. Victim
further stated that she told Tiya (witness mentioned in col.no.13 at Sr. No. 26) that Mr.
Tejpal (accused mentioned in col.no.11at Sr. No. A1) had shoved his tongue into her
mouth and then took her panties off. At that time, Tiya (witness mentioned in col.no.13 at
Sr. No. 26)  interrupted her, saying "I saw him do this to a woman when I was thirteen, so
it doesn't surprise me anymore." Victim further stated that Tiya (witness mentioned in
col.no.13 at Sr. No. 26)  was clearly disgusted and left right after that at around 11:20 pm.

29.    Victim further stated that in half an hour, she dropped back Mr. De Niro and Drena
to their room. They ( Mr. De Niro and Drena) were extremely upset at the day's events
because Mr. De Niro had all but been assaulted by fans at the dinner table, and they
asked her to convey this to Mr. Tejpal (accused mentioned in col.no.11at Sr. No. A1).
When she went down from Block 7 to the garden area, she found Mr. Tejpal (accused
mentioned in col.no.11at Sr. No. A1) sitting at a table with several people and called him
(accused mentioned in col.no.11at Sr. No. A1) away from the table, still in full view of Read
Article

everyone, so she could relay Mr. De Niro's message privately.

30.    Victim further stated that she told Mr. Tejpal (accused mentioned in col.no.11at Sr.
No. A1)  that 'Bob' was really upset about tonight, he got mobbed really badly.." to which
he (accused mentioned in col.no.11at Sr. No. A1)  replied with anger "I don't give a fuck
about Bob. How could you tell Tiya (witness mentioned in col.no.13 at Sr. No. 26)  what
happened?" Victim further stated that she told Mr. Tejpal (accused mentioned in
col.no.11at Sr. No. A1),  "Tarun, I told you  Tiya and I are close and what you did wasn't
okay, I had to tell her," to which he (accused mentioned in col.no.11at Sr. No. A1) said
"She's my daughter. Do you even understand what the word means? Just get away from
me, I'm so fucking pissed off with you right now."

31.    Victim further stated that she left from the spot crying; by then she was breaking
down because of  Mr. Tejpal's (accused mentioned in col.no.11at Sr. No. A1) rage, and
having finally realized all the relationships his actions would destroy her and his
daughter's friendship, her father and her family's implicit faith in him (accused mentioned
in col no 11at Sr No A1) Shoma's (witness mentioned in col no 13 at Sr No 18)
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in col.no.11at Sr. No. A1), Shoma s (witness mentioned in col.no.13 at Sr. No. 18)
relationship to her as a mentor and most importantly, her job which meant everything in
the world to her. Victim further stated that she found Tiya (witness mentioned in col.no.13
at Sr. No. 26) outside her room in the main performance area and asked her (witness
mentioned in col.no.13 at Sr. No. 26) what she had said to her father (accused mentioned
in col.no.11at Sr. No. A1); Tiya (witness mentioned in col.no.13 at Sr. No. 26) said "There
was no other way. As soon as you told me I wished you hadn't, but you can't tell me what
to say to him - I told him to keep it in his pants." Victim further stated that she  said "I'm
probably going to lose my job over this", and she (witness mentioned in col.no.13 at Sr.
No. 26)  agreed, but also said "It'll be a bad phase but it'll pass."

32.    Victim further stated that Tiya (witness mentioned in col.no.13 at Sr. No. 26)  left her
crying in her room; she was scared of being alone at the Grand Hyatt because she knew
Mr. Tejpal (accused mentioned in col.no.11at Sr. No. A1) could use his position as her
editor-in-chief to summon her at any moment he desired, and so she called her friend
and journalist colleague Raghu Karnad (had worked with Tehelka in the past and so knew
Tarun and Shoma well) (witness mentioned in col.no.13 at Sr. No. 27)  on his phone no.
984538431 from her personal number 9820585954.
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Article
33.    Victim further stated that when he (witness mentioned in col.no.13 at Sr. No. 27) 
found her  outside Tiya's room in the Grand Hyatt, she was still in a state of terrible
distress and feeling extremely unsafe. She told Mr. Karnad (witness mentioned in
col.no.13 at Sr. No. 27)  what had happened on that night as well as on the previous one.
Mr Karnad (witness mentioned in col.no.13 at Sr. No. 27)  attempted to calm her down
and talk with her through her options leaving THiNK immediately, or waiting till THiNK
was over to tell Shoma (witness mentioned in col.no.13 at Sr. No. 18)  what had
happened, but he (witness mentioned in col.no.13 at Sr. No. 27)   also realized that it was
a difficult proposition because of the closeness between Shoma (witness mentioned in
col.no.13 at Sr. No. 18)  and Tarun (accused mentioned in col.no.11at Sr. No. A1) and the
only way it could all end was with she losing her job. She remained with Mr. Karnad 
(witness mentioned in col.no.13 at Sr. No. 27)  for about an hour first in the main garden
area, then the area outside the THiNK Bazaar in the hotel until Mr. De Niro called her to
Block 7 to prepare his schedule for the next day.

34.    Victim further stated that she composed herself once more and began to prepare
M D Ni ' i i f h d hi i bl k 7 Th
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Mr. De Niro's itinerary for the next day at his room in block 7. The next morning, 9th
November 2013, Mr. De Niro intended to go out into the city with his daughter and
herself, to see the beaches and shop for his family back home. She went to his (Mr. De
Niro's) room to confirm the details of what he (Mr. De Niro) would require the next day -
food, alcohol, Indian rupees, sunscreen lotion, a picnic hamper, etc and noted the exact
details of what he (Mr. De Niro) would like to see in Goa.

35.    Victim further stated that On that night as well, as soon as she finished work and left
the Grand Hyatt, she went to her hotel at ICG, found Shougat Dasgupta, Ishan Tankha and
G Vishnu ( witnesses mentioned in col. No. 13 at Sr. nos. 21, 20 and 22) and told them
about Mr. Tejpal (accused mentioned in col.no.11at Sr. No. A1) sexually abusing her
again.  She also told them ( witnesses mentioned in col. No. 13 at Sr. nos. 21, 20 and 22)
that the fact that she had informed Mr. Tejpal's daughter, had left him (accused
mentioned in col.no.11at Sr. No. A1) enraged and that he (accused mentioned in
col.no.11at Sr. No. A1) now knew that she was not staying silent and would only look for
more ways to harm her or fire her from her job. At this point they ( witnesses mentioned
in col. No. 13 at Sr. nos. 21, 20 and 22) were extremely worried for her safety, but also
understood that she could not afford to lose her job; that she was still terrified; that she
Read
told them ( witnesses mentioned in col. No. 13 at Sr. nos. 21, 20 and 22) that she was Article

spending the next day outside the hotel and away from Mr. Tejpal (accused mentioned in
col.no.11at Sr. No. A1), and she would leave THiNK as soon as Mr. De Niro left on a private
jet and her duties were over.

36.    Victim further stated that she also spoke to her boyfriend Aman (witness mentioned
in col.no.13 at Sr. No. 23 ) and told him that Mr. Tejpal (accused mentioned in col.no.11at
Sr. No. A1) was aware of the fact that she (victim witness) wasn't staying quiet, and that he
(accused mentioned in col.no.11at Sr. No. A1) was extremely angry that she had told his
daughter.

37.    Victim further stated that the next morning, on the 9th of November, 2013, she
called her mother on her mobile phone no. 9811775663 and told her everything that had
happened. She also called her friends Aastha Atray (an ex colleague from Tehelka) and
Harsimran Gill (witness mentioned in col.no.13 at Sr. No.28 ) on his mobile no.
9004642956 who were guests at THiNK, and they came near the swimming pool at the
Grand Hyatt and she informed the two of them about the two incidents.
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38.    Victim further stated that while at the private beach of the Park Hyatt at Arosim, with
Mr. De Niro and his daughter Drena, she called two more of her close friends, Naresh
Fernandes and Sreenivasan Jain (witness mentioned in col.no.13 at Sr. No. 33 )  on their
phone nos. 9821267069 and 9717775331 respectively and informed them about the
incidents and that she was terrified of the consequences of the same could be.

39.    Victim further stated that all that time, she ensured that Mr. De Niro and Drena did
not get to know of the fact that there was something bothering her, and made sure that
they (Mr. De Niro and Drena) had a pleasant time on the beach and that all their needs
were well taken care of.

40.    Victim further stated that at that time at 11.26 am at the beach, Mr. Tejpal (accused
mentioned in col.no.11at Sr. No. A1) sent her the following texts on whatsapp from his
personal number 9810010981, -  "I hope you told Tiya that it was just drunken banter, and
nothing else"

41.     Victim further stated that she replied on whatsapp to Tejpal (accused mentioned in
col.no.11at Sr. No. A1) - "I told her we were both drunk" - Victim female further stated that
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Article
because that was true that everyone had a few drinks on the first night; but it was not
true on the second night, when he (accused mentioned in col.no.11at Sr. No. A1)
assaulted her minutes after she had reached the Grand Hyatt. Victim  further stated that
it was the first time Mr. Tejpal (accused mentioned in col.no.11at Sr. No. A1) had said
anything to her after lashing out at her the previous night, and that she was still very
afraid of him (accused mentioned in col.no.11at Sr. No. A1).

42.    Victim further stated that he (accused mentioned in col.no.11at Sr. No. A1) then sent
her a second message at 11.35 time saying:  "And just banter, nothing else" - to which she
stated that she did not reply, because there was no way what he (accused mentioned in
col.no.11at Sr. No. A1) had done to her could have been described as "banter".

43.     Victim further stated that sensing that she had clammed up at his (accused
mentioned in col.no.11at Sr. No. A1) attempt to sugar-coat what really happened, he
(accused mentioned in col.no.11at Sr. No. A1) sent her a third sms message at 11:51 a.m.
saying: "Why?? What's happened??"

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44.     Victim further stated that she did not reply to the said message and that within
minutes, he (accused mentioned in col.no.11at Sr. No. A1) sent her a fourth message at
-11:52 a.m., one that convinced her that he (accused mentioned in col.no.11at Sr. No. A1)
saw absolutely nothing wrong with what he had done, and was in fact now trying to
shame her for talking to Tiya (witness mentioned in col.no.13 at Sr. No. 26)  saying: "I can't
believe u went and mentioned even the smallest thing to her. What an absence of any
understanding of a parent child relationship."

45.     Victim further stated that after this message, she made sure to stay away from Mr.
Tejpal (accused mentioned in col.no.11at Sr. No. A1) except when they were in extremely
public situations only - such as the Speakers Green Room at the Hyatt, or the lobby of the
hotel.

46.    On 10th  November 2013 once victim dropped Mr. De Niro at the Goa Airport at 4.30
pm, she had no further contact with Mr. Tejpal (accused mentioned in col.no.11at Sr. No.
A1); While Mr. De Niro had asked her to follow him and Drena to Mumbai on the next
flight and show them around the city, she was by that point, utterly physically, mentally
and emotionally exhausted she went back to the International Centre for Goa, packed her
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bags, reached Goa airport at about 5:50 pm, and realized that she could no longer put off
Article

dealing with what had happened namely, that she had been sexually abused by her best
friend's father, and her boss who was someone whom she had deeply admired and
respected.

47.    Victim further stated that her mother named Srinivas Vijayalakshmi (witness
mentioned in col.no.13 at Sr. No. 30 )  was temporarily staying in Mumbai with few of her
female colleagues who were attending a seminar together in Mumbai. Since she had
never met those colleagues, and could not bear the thought of being around these semi-
strangers in a one bedroom house, unable to speak to her mother freely, and having to
continue to pretend everything was fine when all she wanted to do was simply break
down and cry.

48.    Victim further stated that at that point, she asked her friends Harsimran Gill (witness
mentioned in col.no.13 at Sr. No. 28 )  and Aastha Atray (witness mentioned in col.no.13 at
Sr. No. 29 )  if she could just come back to their hotel and stay with them in Goa since they
knew the facts of what had happened, and being with her closest friends, could help her
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deal with her pain and anger, as she was not professionally preoccupied with duties.
Victim further stated that she stayed with them for one night at the Casa Paradiso in
Panjim on the 10th  of November.

49.    Victim further stated that from the 11th  to 16th  Nov. 2013 morning, she stayed with
Harsimran Gill (witness mentioned in col.no.13 at Sr. No. 28 )  at a friend's cottage at
Vagator Beach after Aastha Atray (witness mentioned in col.no.13 at Sr. No. 29 )  had left
Goa, trying to deal with the trauma of the fact that Mr. Tejpal (accused mentioned in
col.no.11 at Sl. No.A1 ) had violated her - not just her bodily integrity, but also her trust.
Victim further stated that she spoke occasionally to her mother (phone no.9811775663)
(witness mentioned in col.no.13 at Sr. No. 30 )  , her boyfriend Aman Sethi (phone no.
+215912633501) (witness mentioned in col.no.13 at Sr. No. 23 ) , her friends Harsimran
Gill (phone no.9004642956 ) (witness mentioned in col.no.13 at Sr. No. 28 ), Raghu Karnad
( phone no. 9845384317) (witness mentioned in col.no.13 at Sr. No. 27)  and Rebecca John
( 9810068499 phone no.), her stepsister Fiza Jha ( 08085194088) (witness mentioned in
col.no.13 at Sr. No. 32 )   and her stepmother Masooma Ranalvi (phone no. 98211174784)
(witness mentioned in col.no.13 at Sr. No. 31 )  to figure out how to deal with the fact that
she had been sexually abused by Mr. Tejpal (accused mentioned in col.no.11 at Sl. No.A1
Read
). Article

50.    Victim further stated that by the 15th of November, 2013, she had made her
decision; that Mr. Tejpal (accused mentioned in col.no.11 at Sl. No.A1) could do anything,
even take her life, but ultimately, she would not be able to face herself if she did not
speak out the truth. Harsimran Gill (witness mentioned in col.no.13 at Sr. No. 28 ) and she
took a bus back to Mumbai from Goa.

51.    Victim further stated that on 16.11.2013 at 8:01 p.m., Mr. Tejpal (accused mentioned
in col.no.11 at Sl. No.A1 ) sent her the following SMS messages:
1.    "Have you spoken to Tee? Is she Ok?"

52.    Victim further stated that to the said SMS she replied at time 8:25 p.m. from her
mobile : "Why would she be ok about the fact that you sexually assaulted her best friend,
that is me?

53.    Victim further stated that at 8:36 p.m. Mr. Tejpal (accused mentioned in col.no.11 at
Sl. No.A1 ) wrote to her again --
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2.   "What's with saying this awful stuff??"

54.    Victim further stated that she SMS replied at 8:40 p.m: "Do not send me any
messages. You are lying and you know that."

55.    Victim further stated that at time 8:43 p.m. she received below message from Mr.
Tejpal  ( accused mentioned in col. No. 11 at Sl.No. A1)
3.   "Oh is that so? I cherished you like one of my best kids always, all these years; and
because of one drunken banter you so easily say these awful things."

56.      Victim further stated that she replied SMS at time 8:49 p.m.: " It was twice Tarun,
not once and it was no banter. You did the most horrible things to me and I certainly was
not drunk. I asked you to stop repeatedly."

57.    Victim further stated that at 8:53 p.m. Mr. Tejpal ( accused mentioned in col. No. 11
at Sl.No. A1) wrote to her again
 4.   "Oh so that's what you told Tee. No wonder she's so madly upset. Its ok. Am not going
to contest anything with her. Will let time and my love heal what it can."
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Article
58.    Victim further stated that at time 8:57 p.m. Mr. Tejpal ( accused mentioned in col.
No. 11 at Sl.No. A1) wrote to her again
5.   "Don't think I've been more saddened in the longest time"

59.    Victim further stated that she had no doubt at that point that Mr. Tejpal (accused
mentioned in col. No. 11 at Sl.No. A1) was trying to prove his innocence in a devious
manner; that it was no banter and that it was most clearly sexual assault.

60.    Victim further stated that she had suddenly found herself in the horrific situation of
discovering what it is like to be on the receiving end of this violence from a powerful man
she once deeply admired and respected. Despite knowing about the closeness between
Mr. Tejpal (accused mentioned in col. No. 11 at Sl. No. A1) and Ms. Choudhary (witness
mentioned in col. No. 13 at Sr. No. 18), she first lodged an internal complaint with the
management which was sent from her email account nishita@tehelka.com to Ms. Shoma
Choudhary (witness mentioned in col. No. 13 at Sr. No. 18) on her email account
shoma@tehelka.com and her testimony about the horrific sexual assault on her by Tarun
Tejpal (accused mentioned in col. No. 11 at Sl. No. A1) at THiNK Fest in Hotel Grand Hayatt
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y
on 7th  and 8th  November 2013 with CCs to Shougat Dasgupta and Ishan Tankha and G.
Vishnu ( witnesses mentioned in col. No. 13 at Sr. No. 21, 20 and 22) (on their email
accounts shougat@tehelka.com, ishan@tehelka.com and vishnu@tehelka.com 
respectively on date 18th November 2013 at 8:57 a.m.

61.    Victim has furnished the copies of the communications by e-mail each having her
signature, print out SMS messages from Mr. Tejpal (accused mentioned in col. No. 11 at
Sl. No. A1) to her phone each having her signature and voice recordings that had taken
place between her and her Managing Editor on 1 Sony DVD (property mentioned in col.
No. 10 from sr. Nos. 5  ) bearing signature of victim having recordings of voice
conversations with Ms Chaudhury  (witness mentioned in col. No. 13 at Sr. No. 18) which
bears her signature. [Original conversations were initially recorded on her mobile phone
(make Samsung Galaxy S2)] (Muddemal property mentioned in col. No. 10 from Sr. Nos. 6)

62.    In her supplementary statement, the victim female has also furnished the letter of
appointment, letter of confirmation, Letter of salary increment, Letter of Transfer to
Mumbai, Letters of promotions and salary increments, Letter of invitation, Letter of Read
Article
recommendation etc. some of which are signed by Tarun Tejpal (accused mentioned in
col. No. 11 at Sl. No. A1) by memo of receipt.

63.    Victim further stated that on 10th  Nov. 2013,  after she dropped Mr.  Robert De Niro
and his daughter in Mercedes vehicle to the airport to board the private jet at
approximately 16.30Hrs.  She returned to the Hotel International Center Goa (ICG) in the
Innova car which had followed them to the airport with the luggage of De Niro's. She
signed the duty slip for Mr. Robert De Niro's Mercedes vehicle. She also identified her
signature on the duty slip of the said Mercedes vehicle.

64.    Victim further stated that she took the Innova Car back to the ICG where she packed
her luggage as she was expected to board the 18.30 hrs civilian flight to Mumbai and
meet Mr. Robert De Niro and his daughter there. However, when she got into Innova, on
the way to the airport she realized that she was completely emotionally, mentally and
physically drained. She called her friend Harsimran Gill (witness mentioned in col. No. 13
at Sr. No. 28) and asked him if she could stay in Goa with him and Astha Atray for that
night.
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65.    Victim further stated that accordingly she told the driver of the Innova Vehicle Mr. 
Sham (witness mentioned in col. No. 13 at Sr. No. 118)  to drop her at Panaji Main Church
near Casa Paradiso and that she stayed with Harsimran Gill (witness mentioned in col. No.
13 at Sr. No. 28) and Astha Atray (witness mentioned in col. No. 13 at Sr. No. 29) in their
hotel room at Casa Paradiso, Panaji. She did not want to go back to Mumbai as she had
discharged her duties by dropping Mr. Robert De Niro to the Airport.  She  has also
identified her signature on the duty slip of the Innova vehicle.

66.    The Victim also furnished the print outs of IP address of both the emails sent to her
by Mr. Tarun Tejpal  (accused mentioned in col. No. 10 at Sl. No. A1) having  informal
apology  from email ID tarun@tehelka.com    to  nishita@tehelka.com   on 19th Nov 2013
at 03.20 pm  and formal apology from email ID tarun@tehelka.com  to
nishita@tehelka.com with cc to shoma@tehelka.com on 19th  Nov 2013 at 03.23 pm.

67.    The Victim furnished the print out copies of the stories / articles written by her for
Tehelka Magazine and hard copies of the Tehelka Magazine (Edition) (muddemal property
mentioned in col. No. 10 at sr. Nos. 18) containing other stories done by her as an
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employee of Tehelka Magazine.  Tarun J. Tejpal ( accused mentioned in col. No. 11 at Article

Sl.No. A1) was the Editor, Shoma Chaudhury (  witness mentioned in col. No. 13 at
Sl.No.18 ) was the Managing Editor, Victim as the Principal Correspondent- Mumbai,
owners as Anant Media Pvt. Ltd.  seen printed on the overleaf of the initially pages of the
Tehelka Magazines (Edition)

68.    The statement of the victim journalist has also been recorded u/s 164 (5A) of Cr. P.C.
by the Hon'ble JMFC Panaji (witness mentioned in col. No. 13 at Sr. No. 144). The
deposition of the victim before the Hon. JMFC corroborates with the contents of the
statement recorded u/sec 161 Cr.P.C.

69.    During the course of investigation, the Scene of Offence Panchanama   has been
drawn in presence of the Panchas on 28.11.2013 (witnesses mentioned in col. No. 13 at
Sr. Nos. 7 & 8 ) as shown by the victim journalist.  Victim has clearly identified the accused
mentioned in col. No. 11 at Sl. No. A1 and herself in the CCTV footage of Guest House 7,
Hotel Grand Hayatt, Bambolim (Muddemal property mentioned in col. No. 10 at Sr. No. 9).
The Muddemal property mentioned in col. No. 10 at Sr. No. 7 has been attached and
sealed under the Scene of Offence Panchanama by witness/IO mentioned in col No 13 at18/62
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sealed under the Scene of Offence Panchanama by witness/IO mentioned in col. No. 13 at
Sr. No. 152. The photographs of the scene of offence panchanama have been clicked by
PSI Photographer (witness  mentioned in col. No. 13 at Sr. No. 146).

70.    During the course of investigation, in the presence of the Panchas (witnesses
mentioned in col. No. 13 at Sr. Nos. 7 & 8) the black colour SAMSUNG GALAXY S II mobile
hand set (Muddemal property mentioned in col. No. 10 at Sr. No. 6) having mobile No. GT-
I 9100G and battery  having IMEI No 358401/04/348418/5, with SIM card of the victim
having SMS messages and voice recordings has been attached and sealed under
Panchanama dated 28.11.2013 by witness/IO mentioned in col. No. 13 at Sr. No. 152.

71.    During the course of investigation, in the presence of the Panchas (witnesses
mentioned in col. No. 13 at Sr. Nos. 13 & 29), the dress ( property mentioned in  co. no.10
at Sr. No. 11 & 12 ) worn by the victim on the dates of commission of offence on her by 
the accused have been attached and sealed under the panchanama dated 03.12.2013 by
witness mentioned in col. No. 13 at Sr. No.148. The photographs of the same  have been
clicked by Photographer (witness  mentioned in col. No. 13 at Sr. No. 122).

72.    The C.P.U. of make HP having Product No. VP570PA # ACJ and Serial No. INA Read
Article
9380956 (Muddemal property mentioned in col. No. 10 at Sr. No. 1) of the computer
system on which the accused was working in the office premises of Tehelka at New Delhi
has been seized and sealed under Panchanama dated 24.11.2013 in presence of Panch
Witnesses (witnesses mentioned in col. No. 13 at Sr. Nos. 3 & 4) by witness/IO mentioned
in col. No. 13 at Sr. No. 152.

73.    During the course of investigation, in the presence of the Panchas (witnesses
mentioned in col. No. 13 at Sr. Nos. 5 & 6),  attached and sealed in an envelope a piece of
paper having written as: "Do NOT OPEN CONTACT TO PRIYAN" marked as Ex-P-1 (
property mentioned in  co. no.10 at Sr. No. 2 ), one black colour Hard Disk of Iomega
make having model SPHDU, P/N 31817400 Barcode No. S/N U5BA150492 of 500 GB
having Hash value 7324 FOAD marked as Ex-P- 2 ( property mentioned in  co. no.10 at Sr.
No. 3 ) and attached one Hard Disk of make Toshiba, 500GB, P/N: HDTB105AK3AA, S/N:
X39EC3METRE8 marked as Ex-P-3 ( property mentioned in  co. no.10 at Sr. No. 4 ) having
recordings of CCTV camera Footage of Guest House No. 3 & 7 of Hotel Grand Hyatt,
Bambolim Goa for the dates from 7th Nov to 11th Nov 2013 under the Panchanama
dated 25 11 2013 at Hotel Grand Hayatt Bambolim by witness PI Pravin Gawas
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dated 25.11.2013 at Hotel Grand Hayatt, Bambolim by witness PI Pravin Gawas
mentioned in col. No. 13 at Sr. No. 147.

74.    That during the course of investigation, in the presence of the Panchas (witnesses
mentioned in col. No. 13 at Sr. Nos. 5 & 6 ) one grey colour DVR of Europlex technologies
bearing SN: A 90560903 with SMPS of TECH-COM Make marked as Ex-P-4  and one grey
colour DVR of Europlex technologies bearing SN: A 90560892 marked as Ex-P-5
(Muddemal property mentioned in col. No. 10 at Sr. Nos. 8 &   9) having recordings of
CCTV camera Footage of Guest House No. 3 & 7 of Hotel Grand Hyatt, Bambolim Goa
have been attached and sealed under panchanama dated 29.11.2013  from Hotel Grand
Hayatt, Bambolim Goa by witness PI Pravin Gawas mentioned in col. No. 13 at Sr. No.147 .

75.    A notice was sent during course of investigation to the accused mentioned in col. No.
11 at Sl. No. A1 by email and by SMS on his mobile phone,  asking him to report to the
Investigating Officer at Goa for the purpose of investigation. But he did not attend.

76.     Since the accused mentioned in col. No. 11 at Sr.No. A1 did not respond to the
email, a Police team left for New Delhi.  The residential premises in New Delhi of the
accused mentioned in col. No. 11 at Sl. No. A1 was visited by the Police team on date Read
Article
29.11.2013 (witnesses mentioned in col. No. 13 at Sr. Nos. 150) of CID Crime Branch, Dona
Paula, Goa. However, the accused mentioned in col. No. 11 at Sl. No. A1 was not
traced/found available at his residence and he was evading his arrest.

77.    That, the Anticipatory Bail Application filed by Tarun Tejpal (accused mentioned in
col. No. 11 at Sl.No. A1) before the Hon'ble High Court of New Delhi which came up before
the Court, was later withdrawn by the accused.

78.    That, in the light of the deposition of the victim before JMFC and other facts emerged
during the investigation, an application was filed before Hon. JMFC Court for issuance of
Non Bailable Warrant of Arrest against the accused mentioned at col. No. 11 Sr. No A1and
the Hon'ble JMFC Panaji issued a Non Bailable Warrant of Arrest against accused Tarun
Tejpal U/Sec. 73 Cr.P.C. To ensure that accused does not leave country, a border alert was
also issued.

79.    The Anticipatory Bail Application No.  573/2013 filed by Tarun Tejpal (accused
mentioned in col. No. 11 at Sl. No. A1) was dismissed by the Hon. Sessions Court, Panaji
id O d d t d 30 11 2013
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vide Order dated 30.11.2013.

80.    That, the accused mentioned in col. No. 11 at Sl. No. A1 was placed under arrest on
date 30.11.2013 at 21.00 hrs at CID Crime Branch Dona Paula. His Arrest Panchanama on
date 30.11.2013 in the presence of the Panchas (witnesses mentioned in col. No. 13 at Sr.
Nos. 9 & 10) has been drawn by witness/IO mentioned in col. No. 13 at Sr. No. 152
wherein from his person one Blackberry mobile phone  (Muddemal property mentioned
in col. No. 10 at Sr. Nos. 10) having IMEI No. 353834052454621 along with sim card of
Airtel company No. 89911 00703  03223 7075 with battery marked as Exhibit Ex- Z has
been attached and sealed under Arrest Panchanama dated 30.11.2013.

81.    During the course of investigation, on checking the messages in the message
Inbox/Outbox in the Blackberry mobile phone of accused Tarun Tejpal (Muddemal
property mentioned in col. No. 10 at Sr. Nos. 10), the following messages under the name
of victim  from the 7th Nov. 2013 are available in the Blackberry mobile phone which are
opened in presence of the Panchas (witnesses mentioned in col. No. 13 at Sr. Nos. 9 & 10)
and noted as:-
Message from victim to Tarun on 07/11/2013 at 21.09 hrs - " Bringing him down. Where
do I Message find you in fifteen minutes?" Read
Article

Reply by Tarun to victim on 07/11/2013  at 21.18 hrs  - "am  at first bar"


Message by Tarun to victim on 08/11/2013 at 00.16 hrs  - "The finger tips"
Message by Tarun to victim on 08/11/2013 at 20.38 hrs - " Where r u?"
Message by Tarun to victim on 08/1/2013 at 20.51 hrs - "??"
Message from victim to Tarun 08/11/2013 at  20.52 Hrs - " on my way to the lounge".
Message from victim to Tarun on 08/11/2013 at 20.52 Hrs - " Had to sort out a last
package for drena and get a bit presentable. See you in ten."

Message from victim to Tarun on 08/11/2013 at 11.57 hrs - " Call tee she needs you."

Message from Tarun to victim on 08/11/2013 at 11.58 hrs. - "why whats happened?"

Message from Tarun to victim on 09/11/2013 at 11.59 hrs - " I can't believe u went and
mentioned even the smallest to her. What an absence of any understanding of a parent -
child relationship."

Message from victim to Tarun on 10/11/2013 at 15.39 hrs - " they haven't eaten and they
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're very pissed."

Tarun's reply message to victim on 10/11/2013 at 15.40 hrs - "why  didn't  u organize
lunch?"

victim reply message to Tarun on 10/11/2013 at 15.41 hrs - " of course I did. Its been laid
out in front of them for fifteen minutes. They couldn't eat because they suddenly had to
pack."
Message from victim to Tarun On 10/11/2013 at 16.05 hrs - " got them lunch in the car. All
Good."
Tarun's message reply to victim on 10/11/2013 at 16.13 hrs - " Have u told anupam kher
to receive him at airport?"
Victim's message reply to Tarun on 10/11/2013 at 16.14 hrs - "Yes. with two cars."
Tarun's message reply to victim on 10/11/2013 at 16.14 hrs - " 9821239000  this is sajjan
jindals phone number. Call him and coordinate the handing over the bob and drena to
him ."
victim's message reply to Tarun on 10/11/2013 at 16.31 hrs - "He's with Jindals getting on
the plane."
Read
Tarun's message reply to victim on 10/11/2013 at 16.32 hrs - " superb" Article

Message from Tarun to victim on 16/11/2013 at 20.04 hrs - "have you spoken to tee? Is
she ok?"
victim's reply message to Tarun on 16/11/2103 at 20.29 hrs - " why would she be okay
with the fact that you sexually assaulted her best friend, that is me?"
Tarun's message reply to victim on 16/11/2013 at 20.40 hrs - " what's with saying this
awful stuff??"
victim's message reply to Tarun on 16/11/2013 at 20.46 hrs - "Do not  send me any
messages. You are lying and you know that."
Tarun's message reply to victim on 16/11/2013 at 20.46 hrs - " oh is that so? I cherished
you like one of my best kids always, all these years, and because of one drunken banter 
you so easily say these awful things."
victim 's message reply to Tarun on 16/11/2013 at 20.53 hrs - " it was twice Tarun, not
once and it was no banter. you  did the most awful things to me and I certainly was not
drunk. I asked you to stop immediately."
Message reply from Tarun to victim on 16/11/13 at 20.57 hrs - "oh so that's what you told
Tee No wonder she is so madly upset Its ok Am not going to contest anything with her
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Tee. No wonder she is so madly upset. Its ok. Am not going to contest anything with her.
Will let time and my love heal what it can."
Message reply from Tarun to victim on 16/11/13 at 21.01 hrs - "Don't think  I've been
more saddened in the longest time."

82.    That, Tarun Tejpal ( accused mentioned in col. No. 11 at Sl.No. A1) was produced
before the Hon'ble JMFC Panaji seeking police custody remand and that the Hon'ble JMFC
Panaji was pleased to remand him in police custody for a period of 6 days initially and
further extended his remand in police custody  for four days. Thereafter, he has been
remanded into judicial custody and is lodged at Sub-Jail, Sada, Vasco.

83.    That, while Tarun Tenpa (accused mentioned in col. No. 11 at Sl.No. A1) was under
police custody remand, under Panchanama drawn U/sec 27 I.E. Act dated 03.12.2013, in
the presence of the Panchas  (witnesses mentioned in col. No. 13 at Sr. Nos. 11 & 12)  the
accused mentioned in col. No. 11 at Sl. No. A1 opened his email account
tarun@tehelka.com and the printouts of the emails exchanged by him (accused
mentioned in col. No. 11 at Sl. No. A1) for dates 18th , 19th  & 20th  November 2013 with
(1) Ms. Shoma Chaudhury, (witness mentioned in col. No. 13 at Sr. No. ---)  (2) Victim
(witness mentioned in col. No. 13 at Sr. No. --) and other details marked as exhibits EX-TT-
Read
Article
1 (A), EX-TT-1 (B), EX-TT-1 (C), EX-TT-1 (D), EX-TT-2 (A), EX-TT-2 (B), EX-TT-2 (C), EX-TT-3 (A),
EX-TT-3 (B), EX-TT-4 (A), EX-TT-4 (B), EX-TT-5 (A), EX-TT-5 (B), EX-TT-6 (A) and EX-TT-6 (B)
were taken and attached under Panchanama dated 03.12.2013 by witness/IO mentioned
in col. No. 13 at Sr. No. 152. The photographs of the same have been clicked by PSI
Photographer (witness  mentioned in col. No. 13 at Sr. No. 146).

84.    The exhibit  EX-TT-3 (B) is the personal informal apology email written by accused
from his email account tarun@tehelka.com  to victim on her email account
nishita@tehelka.com on 19th Nov. 2013 at 3:20 PM and Sent from BlackBerry mobile on
Airtel SIM card by the accused which is as under-

" Tarun J Tejpal 3:20 PM (18 hours ago)


to victim

Dear Victim, (name of the victim)


    This is not the formal apology you seek. That will follow in a few minutes too. This is the
informal one, for you and me.
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I am sorry at the immense distress that's been caused to you by my lapse of judgment,
but I want you to know its been totally devastating for me too, in every possible way (and
since you know Tiya and Geetan well, you would know what I am saying).

This is for me to figure out how it went so terribly misunderstood and wrong. To begin
with, for ten years at Tehelka one has ensured no shadow of anything limits or cramps
the women journalists. At every forum, public and private, I have lauded the great work
done by Tehelka's women reporters and editors; and have personally always stayed at
arm's length. You yourself were always treated with the highest regard and
accommodation and affection, and nothing ever asked of you save great work. Your
continuous growth was always a source of pride. That you were tasked to escort De Niro
was merely the latest token of our trust.

The context that ill-fated evening, of our conversation, as you will recall, was heavily
loaded. We were playfully and flirtatiously talking about desire, sex; you were telling me
the Bob Geldof story in graphic detail, and about Aman, and the near-impossibility of
fidelity; and of the aftermath of meeting me one stormy evening in my office when I was
sitting watching the thunderclouds. I also want to clarify that yes, you did say at one point
Read
Article

that I was your boss, and I did reply "that makes it simpler" but in the very same breath
and sentence I said to you "I withdraw that straight away - no relationship of mine has
anything at all, ever, to do with that".

It was in this frivolous, laughing mood that the encounter took place. I had no idea that
you were upset, or felt I had been even remotely non-consensual, until Tiya came and
spoke to me the next night. I was shocked and devastated at the time. Both because you
felt I had imposed on you (which had neither been my reading or intention), and because I
felt I had been totally irresponsible and foolish to have anything furtive to do with my
daughter's intimate friend. At that very moment I was filled with shame, and still am. (And
what is not true is that I ever, even remotely, whispered any word in intimidation.)

You have made it clear that I read it all wrong, and I will not dispute it, nor underplay your
anger and hurt. This is easily the worst moment of my life - something ostensibly playful
gone so horribly wrong, damaging of all that I hold dear in life, from people to principles.

I ask you to forgive and forget it. I will meet your mom and apologise to her too - and
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y g g y p g
Chargesheet against Tarun Tejpal: Read full text - India News

Aman if you so wish. I also want you to keep working at Tehelka as you always have,
reporting to Shoma as you do. Both Tehelka and Shoma have never let you down.

My punishment has already been upon me, and will probably last till my last day.

Tarun
Sent from BlackBerry on Airtel "

85.    The exhibit  EX-TT-4 (B) is the formal apology email written by accused from his email
account tarun@tehelka.com  to victim on her email account nish@tehelka.com on 19th
Nov. 2013 at 3:23 PM and which is as under-

"Tarun J Tejpal Nov 19


to victim, Shoma

Dear victim, (name of the victim)

This is the hardest thing I will ever do in my life. You are a young woman I have been very
Read
proud of, as a colleague's daughter, and then as a colleague in my own office. I have Article

watched you grow and mature professionally into ajournalist of great integrity and
promise.

It wrenches me beyond describing, therefore, to accept that I have violated that long-
standing relationship of trust and respect between us and I apologise unconditionally for
the shameful lapse of judgement that led me to attempt a sexual liaison with you on two
occasions on 7 November and 8 November 2013, despite your clear reluctance that you
did not want such attention from me.

I understand the extreme distress you have been feeling and if regret could turn time
back, the force of mine would surely place us all back in a space and time before this
terrible lapse.

I know you feel I used my position as Editor, Tehelka to force my attention on you, and I
acknowledge that I did at one point say to your contention that I was your boss, "That
makes it simpler," but I do want to put on record that the moment those words escaped
my lips I retracted them saying "I withdraw that straight away no relationship of mine
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my lips, I retracted them saying I withdraw that straight away - no relationship of mine
has anything at all, ever, to do with that". I want to reiterate that again today: despite my
colossal lapse, working and succeeding in Tehelka will never be predicated on anyone
acquiescing to anything untoward. It never has and never will. Having said that though, I
acknowledge that there is an inherent disbalance of power in my position as editor-in-
chief and you as an employee of Tehelka and there is absolutely no ground or
circumstance in which I should have violated the propriety and trust embedded in that
relationship.

Tehelka has a proud legacy and body of work, to which you yourself and legions of other
journalists have contributed. As the founder and editor-inchief, I have helmed and
nurtured this proud institution, and I cannot imagine what insanity drove me to
compromise these long, proud years of trust and public work.

There are many, many reasons, therefore, why I am smothered with regret. But I want
you to know that foremost among them is the fact that I have hurt you and broken your
trust in me, and that of many others around me. I have often spoken for the absolute
rights and freedoms of women, and it shames me beyond words, to find myself located in
this awful context. I would say it was a moment of insanity, except that would mean Read
Article
evading responsibility for it, and that I will not do. I hold myself, first and last, accountable.

I know Shoma has urged you not to leave Tehelka, and even as I acknowledge that I have
lost the right to say this to you, I would urge you not to leave either. At the very least, I
would like to assure you that the space to do your work proudly and freely, without
worrying about fear or favour, will always be available to you here.

For long years, you have known a different man, a man and editor you trusted and were
proud to know. In extreme  contrition, I would like you to know that but for this
unconscionable lapse, that man still exists and holds
you in highest regard.
If an apology can heal, please consider this an unconditional one.
Tarun"

86.    The exhibit  EX-TT-5 (B) is an atonement email written by accused from his email
account tarun@tehelka.com  to Shoma Chaudhury on --- email account
shoma@tehelka.com on 20th Nov. 2013 at time 2.58 pm and which is as under-
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"From:Tarun J Tejpal [mailtotarun@tehelka.com]
Sent: Wednesday, November 20, 2013 2:58 PM
    Subject: Atonement     

My dear Shoma,
    The last few days have been most testing, and I squarely take the blame for this. A bad
lapse of judgement, an awful misreading of the situation, have led to an unfortunate
incident that rails against all we believe in and fight for.
    I have already unconditionally apologised for my misconduct to the concerned
journalist, but I feel, impelled to atone further. Tehelka has been born and built, day on
day, with my blood, toil, tears and sweat, and that of many others, against near-
insurmountable odds. It has lived for and fought the big battles of our time, always on the
side of the oppressed and the wronged, always on the side of equity and justice. Its voice
has travelled the world and changed policy and perceptions. It has been a beacon for
those who would do the right thing.
     Through bad, and worse, times I have protected Tehelka and its journalists from the
inevitable demands of power and corporations.  I have always allowed every journalist'sRead
Article
sense of the right to flower and express itself. No one has ever been asked to do what
they don't believe in.
    I have always held that Tehelka the institution, and its work, have always been infinitely
more important than any of us individuals. It is tragic, therefore, that in a lapse of
judgement I have hurt our own high principles. Because it involves Tehelka, and a sterling
shared legacy, I feel atonement cannot be just words. I must do the penance that
lacerates me. I am therefore offering to recuse myself  from the editorship of Tehelka,
and from the Tehelka office, for the next six months.
    You have always been stellar, Shoma,  and even as I apologise to you and all my other
colleagues, for this unfortunate incident, I leave Tehelka in your more than capable and
safe hands.
    In apology,
     Tarun
    Sent from BlackBerry( r) on Airtel"

87.    That, under Panchanama dated 06.12.2013 in the presence of the Panchas 
(witnesses mentioned in col No 13 at Sr Nos 15 & 16) the clothes marked as exhibits Ex
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(witnesses mentioned in col. No. 13 at Sr. Nos. 15 & 16) the clothes marked as exhibits Ex-
P-6, Ex-P-7, Ex-P-8 and Ex-P-9  (Muddemal property mentioned in col. No. 10 at Sr. Nos. 13
to 16) worn by the accused mentioned in col. No. 11 at Sl. No. A1 on the days of the crime
committed by him have been attached and sealed under panchanama by witness PI
Pravin Gawas mentioned in col. No. 13 at Sr. No. 147.

88.    That, during the course of investigation, the statements of total 105 witnesses have
been recorded as per their say.

89.    Ms. Suparna Chaudhury, alias Shoma Chaudhury, Managing Editor of Tehelka Office,
New Delhi (witness mentioned in col. No. 13 at Sr. Nos. 18)  apart from other details,
stated in her statement recorded at Tehelka office, New Delhi u/sec 161 Cr.P.C. that the
editor-in-chief and founder editor of Tehelka Magazine was Mr. Tarun Tejpal (accused
mentioned in col. No. 11 at Sl. No. A1); that Ishan Tankha, G Vishnu and Shougat Dasgupta
work for  Tehelka Magazine in Delhi office. She further stated that Tehelka has offices in
other states viz Mumbai and Bangalore, Chhattisgarh; that their office also has reporters
in other parts of India viz. Srinagar, Guwahati, Bihar Uttar Pradesh, Trivandrum. She
further stated that Victim, a native of Delhi, joined on 8.1.2010, as a correspondent at
Delhi office for Tehelka Magazine and later, moved to Mumbai office and currently Read
Article
working with Tehelka Mumbai office.

90.    Ms. Suparna Chaudhury, alias Shoma Chaudhury further stated that as of date
23.11.2013 Mr. Tarun Tejpal ( Accused mentioned in col. No. 11 at Sr. No. A1) recused
himself and stepped down as Editor-in-Chief of Tehelka since the 20th of November 2013.

91.    Ms. Suparna Chaudhury, alias Shoma Chaudhury further stated that she, as director
of THiNK, was part of the THiNK event in Goa from 7thNovember 2013 to 10th November
2013 held at Hotel Grand Hyatt, Bambolim-Goa. THiNK event is a gathering of over 70
international and national speakers, who are the most cutting edge experts and minds
from the fields of politics, economy, science, technology, medicine, music, cinema, media,
arts, sports, and almost every other discipline that affects humans.  

92.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that Victim has been
a part of the THiNK FEST, 2013 and she was specifically tasked with being facilitator for
the legendary actor Mr. Robert De Niro, alias Bob, accompanied by his daughter Drena,
who were staying at the Grand Hyatt Hotel, Guest House 7, Second Floor, Presidential
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Suite. Victim flew to Goa for THiNK from Mumbai and stayed at the International Centre of
Goa along with all the other Tehelka Staff, whereas she herself flew to Goa from Delhi and
stayed in a Room in Guest House at Grand Hyatt. The total number of persons attending
THiNK, including guests and dignitaries would be around 2,000.

93.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that Mr. Tarun
Tejpal, Editor-in-Chief of Tehelka ( Accused mentioned in col. No. 11 at Sr. No. A1), flew to
Goa alongwith with his wife Geetan Batra ( witness mentioned in col. No. 13 at Sr. No. 37),
Mr. Robert De Niro and his daughter Drena, in a private air craft on 7.11.2013; that Tarun
Tejpal ( Accused mentioned in col. No. 11 at Sr. No. A1) and his wife ( witness mentioned
in col. No. 13 at Sr. No. 37) and stayed at the Grand Hyatt during THiNK Fest, 2013.  

94.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that during the
period from 7th  to 11th   November 2013, whilst THiNK Fest, 2013 was on and thereafter
upto 18th November 2013, she had absolutely no personal knowledge of any complaint
from any of her colleagues in Goa. As director of THINK for the majority of the time over
the said period, she was conducting sessions and was on the stage in the main hall. In the
brief periods she interacted with her other colleagues including victim.
Read
Article

95.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that on 18th 
November 2013, Monday, she received an email complaint from Victim, copied to three
other colleagues, Ishan Tankha, Shougat Dasgupta and G. Vishnu (witnesses mentioned in
ncol. No. 13 at Sr. Nos. 20, 21 & 22 ), complaining of sexual assault by Editor in Chief Tarun
Tejpal ( Accused mentioned in col. No. 11 at Sr. No. A1) on 7th and 8th November, 2013 at
THiNK at Hotel Grand Hyatt, Bambolim at Goa, which was the venue of the event that
Victim attached a detailed testimony of this alleged sexual assault on her by Tarun Tejpal
(Accused mentioned in col. No. 11 at Sr. No. A1).  

96.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that after going
through the mail and complaint she was absolutely devastated. She phoned Victim
immediately. She also messaged Mr. Tejpal (Accused mentioned in col. No. 11 at Sr. No.
A1) to call her. She was able to make contact with him (Accused mentioned in col. No. 11
at Sr. No. A1) on his mobile in the morning, on the 18th itself, and confronted him
(Accused mentioned in col. No. 11 at Sr. No. A1) angrily about the complaint that she had
just received from Victim. However Mr. Tejpal (Accused mentioned in col. No. 11 at Sr. No.
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A1) had a completely different account of his encounter with her (victim).

97.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that Mr. Tejpal also
told her that on 7th November 2013 evening, when the said encounter happened; both
he (Accused mentioned in col. No. 11 at Sr. No. A1) and she (victim) had had several
drinks; that in this context, according to his (Accused mentioned in col. No. 11 at Sr. No.
A1) account to her, he (Accused mentioned in col. No. 11 at Sr. No. A1) said his sexual
encounter with Victim on 7th November 2013 was consensual and very fleeting.  

98.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that she met him
(Accused mentioned in col. No. 11 at Sr. No. A1) later that evening in the office and though
he (Accused mentioned in col. No. 11 at Sr. No. A1) kept repeating that while he (Accused
mentioned in col. No. 11 at Sr. No. A1) was ashamed of his lapse of judgement that he
had a sexual encounter with a young employee (victim female).

99.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that soon after that,
the same evening, she emailed victim, copied to the three colleagues, Ishan Tankha, G
Vishnu and Shougat Dasgupta (witnesses mentioned in ncol. No. 13 at Sr. Nos. 20, 21 & 22
), that she had spoken to Tarun (Accused mentioned in col. No. 11 at Sr. No. A1) and that
Read
Article

though he felt he (Accused mentioned in col. No. 11 at Sr. No. A1) had misread the
situation, he (Accused mentioned in col. No. 11 at Sr. No. A1) was willing to apologise.

100.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that victim  replied
to the said email that according to her, there was no misreading of the situation, and that
she (victim female) had made it clear to Mr. Tejpal (Accused mentioned in col. No. 11 at Sr.
No. A1) that she (victim female) was "not comfortable" with what Tarun (Accused
mentioned in col. No. 11 at Sr. No. A1) had been doing to her (victim female); that victim
female repeated that she wanted "closure'' to the "nightmarish psychological and
emotional fall out of this incident"

101.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that later that
afternoon i.e. 19th Nov. 2013, Mr. Tejpal (Accused mentioned in col. No. 11 at Sr. No. A1)
sent Victim an unconditional apology by email which was copied to her; that he (Accused
mentioned in col. No. 11 at Sr. No. A1) also sent Victim a personal email, not copied to her,
outlining his (Accused mentioned in col. No. 11 at Sr. No. A1) version of the encounter to
her (victim female) and his (Accused mentioned in col No 11 at Sr No A1) sense that the
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her (victim female) and his (Accused mentioned in col. No. 11 at Sr. No. A1) sense that the
encounter had been a consensual one; that the reason she know the same was because
Victim replied to Mr. Tejpal's (Accused mentioned in col. No. 11 at Sr. No. A1) personal
apology, and copied the reply to the same three colleagues and herself.

102.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that apart from
demanding an unconditional apology from Mr. Tejpal (Accused mentioned in col. No. 11
at Sr. No. A1), Victim had also asked her to send an "acknowledgement" of his (Accused
mentioned in col. No. 11 at Sr. No. A1) apology to the rest of Tehelka's staff; that in
keeping with this, later that evening, she called and spoke to Victim

103.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that in the said
conversation, she brought up Mr. Tejpal's (Accused mentioned in col. No. 11 at Sr. No. A1)
personal apology to her (victim female) and her (victim female) reply which had been
copied to her and our three colleagues (witnesses mentioned in col. No. 13 at Sr. Nos. 20,
21 & 22 ); that she told victim female that he (Accused mentioned in col. No. 11 at Sr. No.
A1) did tell her that he (Accused mentioned in col. No. 11 at Sr. No. A1) had a different
version of the encounter and while he (Accused mentioned in col. No. 11 at Sr. No. A1)
was ashamed of having had a sexual encounter with her (victim female), that he (Accused
Read
Article
mentioned in col. No. 11 at Sr. No. A1) really wanted her (victim female) to know that to
his (Accused mentioned in col. No. 11 at Sr. No. A1) mind,  it had not been an imposition
on her (victim female); that She (victim female) told her (witnesses mentioned in col. No.
13 at Sr. Nos. 18) that at some level she (victim female) could believe this because her
reluctance and 'no's had been very polite as she (victim female) has known him (Accused
mentioned in col. No. 11 at Sr. No. A1) for many years;  that she said like a classic male he
(Accused mentioned in col. No. 11 at Sr. No. A1) mistook the same for "coquetry" and
thought that beneath her (victim female) "no"s there was a "yes".

104.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that the next day
i.e., 20th of November 2013, Wednesday, Mr. Tejpal (Accused mentioned in col. No. 11 at
Sr. No. A1) told her that having extended his apology to her (victim female) as she (witness
Shoma mentioned in col. No. 13 at Sr. No. 18) had demanded in keeping with her  (victim
female) repeated requests to her (witness Shoma mentioned in col. No. 13 at Sr. No. 18),
he (Accused mentioned in col. No. 11 at Sr. No. A1) wanted to recuse himself and step
down as the Editor-in-Chief.
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105.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that it was only at
that point that she first met in office and spoke about the said  complaint to the other
three colleagues Shougat Dasgupta, G Vishnu and Ishan Tankha (witnesses mentioned in
col. No. 13 at Sr. Nos. 21, 22 & 20), after Victim's email complaint to her on Monday the
18th of November 2013.

106.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that she told them
(witnesses mentioned in col. No. 13 at Sr. Nos. 20, 21 & 22 ) that in addition to the
unconditional apology that Mr. Tejpal (Accused mentioned in col. No. 11 at Sr. No. A1) had
emailed to  victim , which she had forwarded to Ishan, Vishnu and Shougat (witnesses
mentioned in col. No. 13 at Sr. Nos. 20, 21 & 22), Mr. Tejpal (Accused mentioned in col. No.
11 at Sr. No. A1) would now (then) be recusing himself and stepping down as Editor-in-
chief of Tehelka.  

107.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that they (witnesses
mentioned in col. No. 13 at Sr. Nos. 20, 21 & 22) communicated to her that this would set
a "benchmark" for the way powerful people accused of sexual assault in a workplace
should behave; that later that evening, before emailing Mr. Tejpal's written letter about Read
Article
stepping down from the editorship of Tehelka to the rest of the office, she phoned victim
and told her (victim female) that he (Accused mentioned in col. No. 11 at Sr. No. A1) would
be doing this, and that she would be mailing it to all Tehelka staffers.

108.    Ms. Suparna Chaudhury alias Shoma Chaudhury further stated that soon after this,
on the evening of 20th November 2013, she emailed Mr. Tejpal's letter of recusal to
Tehelka's staff; that before she could put out a written public statement about Mr. Tejpal
(Accused mentioned in col. No. 11 at Sr. No. A1) stepping-down as editor of Tehelka, those
emails were instantly leaked to the media and it became headlines everywhere.

109.    Ms. Suparna Chaudhury alias Shoma Chaudhury furnished the print outs of the
emails exchanged by her between victim female, accused Tarun Tejpal and the other staff
in Tehelka office  each having her signature.

110.     In her supplementary statement, Ms. Suparna Chaudhury alias Shoma Chaudhury
furnished  the screen shots of the inbox messages and the details (full header) pertaining
to the emails having Message IDs marked as exhibit EX-C-1 exhibit EX-C-19 and exhibit EX-
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C-20 and  exhibit EX-C-21- each having her signature.

111.    That, during the course of investigation, statement of this witness Ms. Suparna
Chaudhury alias Shoma Chaudhury has also been recorded u/sec  u/s 164 Cr.P.C. by the
Hon'ble JMFC Panaji (witness mentioned in col.no.13 at Sr. No. 144).

112.    Shri Sandeep Rawat, - Butler of Hotel Grand Hayatt, Bambolim (witness mentioned
in col. No. 13 at Sr. Nos. 19) apart from other  details in his statement,  has stated that on
5th November 2013 he was informed by Asst. Director Mr. Oliver Viegas (witness
mentioned in col. No. 13 at Sr. Nos. 97) of his deployment for Think Festival 2013; that he
was also informed to do Butler duty for Mr. Robert Deniro (Hollywood Actor) from
07/11/2013 to 10/11/2013; that he knows Tarun Tejpal ( accused mentioned in col. No. 11
at Sl.No. A1) as a guest of their hotel.  

113.    Shri Sandeep further stated that on 07/11/2013 at around 03.00 PM, guest Mr
Robert Deniro arrived in the Hotel along with Tarun Tejpal (accused mentioned in col. No.
11 at Sl.No. A1) and two more ladies amongst which one was the foreigner; that later he
learnt that the foreigner lady was the daughter of Robert Deniro and the other lady was
the wife of Tarun Tejpal;  that prior to Robert Deniro's arrival, he was introduced to victim
Read
Article

from Telkha and informed that she was Liaison Officer/ accompany for Mr Robert Deniro
from Telkha side till his departure. He further said victim was very helpful, kind, polite and
cooperative.

114.    Shri Sandeep further stated that on 07.11.2013 at about 16.00hrs, Mr. Robert
Deniro checked in suit room no 7207 on second floor of Guest House No. 7 and his
daughter Drena Deniro was staying in Room No 7210 which is inter connecting room; that
when Mr. Robert Deniro checked in room no. 7207 victim also accompanied Robert
Deniro along with him to his room; that after having talk with Robert in the room, said
victim and he (Sandeep ) left the room; that before leaving the said room, Robert was
informed by victim that she will pick him up by 21.00hrs to go to the lawn for function and
dinner.

115.    Shri Sandeep further stated that at 21.00hrs Robert Deniro got ready and came out
of the room; that he (Sandeep ) & victim  took Robert & his daughter in the Lawn for the
function. Mr. Tarun Tejpal (accused mentioned in col. No. 11 at Sl.No. A1), head of Tehelka
also joined Robert and sat next to Robert while victim was standing next to Robert
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also joined Robert, and sat next to Robert, while victim  was standing next to Robert.

116.    Shri Sandeep further stated that at about 22.00 hrs performance was over. He
along with victim , Tarun Tejpal (accused mentioned in col. No. 11 at Sl.No. A1) and Robert
left the lawn to drop Robert back to his room. They all went on the second floor of guest
house no. 7 through lift. After dropping Robert in his room, he waited outside the room of
Robert where as Tejpal (accused mentioned in col. No. 11 at Sl.No. A1) and victim went
inside the room, and came after few minutes. Soon after they came out from the room he
went inside the room and took the order of Coffee Espresso for morning from Robert and
then immediately he came down on the ground floor through staircase, since he wanted
to ask victim about the picnic hamper, which she had asked him to arrange for. As he
came out of Guest House No. 7, he noticed Tejpal (accused mentioned in col. No. 11 at
Sl.No. A1) and victim   talking face to face, by standing next to the guest house; that he
crossed both of them and went near Capiz bar and waited for victim  to come in order to
ask her about picnic hamper. He waited for victim female  for some time and since she
didn't return, he called off for the day.

117.    That, statement of this witness Shri Sandeep Rawat has been recorded u/sec  u/s
164 Cr.P.C. by the Hon'ble JMFC Panaji (witness mentioned in col.no.13 at Sr. No. 144). Read
Article

118.    It is important to mention that the statements of Shri Ishan Tankha, Photo Editor
and Journalist of Tehelka Office, New Delhi.( witness mentioned in col. No. 13 at Sr. Nos.
20) , Shri Shougat Dasgupta, Journalist & Literary Editor of Tehelka Office, New Delhi.
(witness mentioned in col. No. 13 at Sr. Nos. 21), Shri G. Vishnu, Correspondent &
Journalist of Tehelka Office, New Delhi. (witness mentioned in col. No. 13 at Sr. Nos. 22),
Shri Raghu Amay Karnad, Journalist, (witness mentioned in col. No. 13 at Sr. Nos. 27), Mr.
Harsimran Gill, Freelance Writer  (witness mentioned in col. No. 13 at Sr. Nos. 28), Ms
Aastha Atray Banan, Journalist, 'Open Magazine' (witness mentioned in col. No. 13 at Sr.
Nos. 29), Mr. Aman Sethi, Journalist of The Hindu and the Boy friend of Victim female
(witness mentioned in col. No. 13 at Sr. Nos. 23) and Mr. Ajachi Chakrabarti, Journalist &
Correspondent for Tehelka Magazine (witness mentioned in col. No. 13 at Sr. Nos. 24)
recorded u/sec 161 Cr.P.C. corroborates and substantiates  the statement of the victim  in
material aspects. It is crucial to mention here that immediately after the commission of
the offence on her by accused Tarun Tejpal (accused mentioned in col. No. 11 at Sl.No.
A1), the victim has narrated the incident of sexual assault to her friends.

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119.    During the course of investigation it emerged that the victim has shared the
incident of sexual assault on her, with friends in person in the Think Fest as well as friends
on phone.

120.    Statement of the witnesses viz. Shri Ishan Tankha ( witness mentioned in col. No. 13
at Sr. Nos. 20 ) , Shri Shougat Dasgupta, (witness mentioned in col. No. 13 at Sr. Nos. 21),
Shri G. Vishnu (witness mentioned in col. No. 13 at Sr. Nos. 22), Shri Raghu Amay Karnad,
Journalist, (witness mentioned in col. No. 13 at Sr. Nos. 27), Mr. Harsimran Gill, Freelance
Writer  (witness mentioned in col. No. 13 at Sr. Nos. 28) and Ms Aastha Atray Banan,
Journalist, 'Open Magazine' (witness mentioned in col. No. 13 at Sr. Nos. 29)  with whom
the victim has shared incident of sexual assault by Tarun Tejpal  in person. During the
process of investigation their statements has been recorded u/sec u/s 164 Cr.P.C. by the
Hon'ble JMFC Panaji (witness mentioned in col.no.13 at Sr. No. 144).

121.    Mr. Ajay Kumar Thakur, Office Manager, Tehelka office,  Mumbai (witness
mentioned in col. No. 13 at Sr. Nos. 25) apart from other details, has stated that he
attended THiNK Fest 2013 held at Hotel Grand Hayatt, Bambolim from 7th to 10th Nov.
2013 and that he was given the task to look after administration. On 08th Nov. 2013,  Read
Article
while he was present at the Lawns of Grand Hyatt Goa,  at about 20.00hrs, Tarun Tejpal
(accused mentioned in col. No. 11 at Sl.No. A1), directed him to telephonically call Victim
as she was not seen around at that particular time. Accordingly he dialed Victim phone
number 9820585954 from his mobile phone  and asked her about her presence and then
requested her to speak to Shri Tarun Tejpal (accused mentioned in col. No. 11 at Sl.No.
A1) and later gave his mobile phone to  Shri Tarun Tejpal (accused mentioned in col. No.
11 at Sl.No. A1) who spoke to her.

122.    During the course of investigation the statement of Ms. Srinivas Vijaylakshmi, the
Mother of victim female (witness mentioned in col. No. 13 at Sr. Nos. 30), Mrs. Masooma
w/o Padmanand Jha, Step mother of victim female (witness mentioned in col. No. 13 at Sr.
Nos. 31) were also recorded. They stated in their statement recorded u/sec 161 Cr.P.C.
that the victim informed them about the sexual assault on her by Tarun Tejpal ( accused
mentioned in col. No. 11 at Sl. No. A1) on phone while she was attending her duty at
THiNK Fest, 2013.

123.    Miss  Fiza d/o Padmanand Jha,  Step sister of victim female (witness mentioned in
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Chargesheet against Tarun Tejpal: Read full text - India News

col. No. 13 at Sr. Nos. 32)  stated in their statement recorded u/sec 161 Cr.P.C. that the
victim informed her about the sexual assault on her by Tarun Tejpal ( accused mentioned
in col. No. 11 at Sl. No. A1) on phone while she was attending her duty at THiNK Fest,
2013; that  victim was just really disgusted and disappointed that he (accused mentioned
in col. No. 11 at Sl. No. A1) could do this as she has known him as a child; that she too
have met Mr. Tejpal (accused mentioned in col. No. 11 at Sl. No. A1), but many years
earlier only as a child,  because their (victim & Fiza)  father was his (accused mentioned in
col. No. 11 at Sl. No. A1) friend and colleague.

124.    Mr. Sreenivasan Jain, Journalist,  Managing Editor for NDTV New Delhi (witness
mentioned in col. No. 13 at Sr. Nos. 33)   was also recorded. He stated in his statement
recorded u/sec 161 Cr.P.C. that the victim informed him about the sexual assault on her
by Tarun Tejpal ( accused mentioned in col. No. 11 at Sl. No. A1) on phone while she was
attending her duty at THiNK Fest, 2013.

125.    Shri Harish Iyer (witness mentioned in col. No. 13 at Sr. No. 34), a Creative Director,
Madison Advt. Agency and a survivor of child sexual abuse and panelist on the issue of 
'Rape' for THiNK Fest-2013  held at Hotel Grand Hayatt, Bambolim Goa, apart from other
Read
Article
facts, stated in his statement recorded u/sec 161 Cr.P.C. that on 8/11/2013 at around 10
am in the green room, victim seemed to be lost in her own world and appeared very
distant.  

126.    Shri Harish Iyer further stated that on 10th  November 2013, Suzette Jordan and he
wanted to get a picture with the famous personality Mr. Robert De Niro. They  requested
one of the Tehelka staffers to help them get a snap with Mr. Robert De Niro. Both of them
were taken to the backyard; where Mr. Robert De Niro was seen standing with victim. On
seeing victim his first reaction was to hug her; that victim usually is uninhibited in her
affection and has a complete embrace, but at that time she victim kept her hand in
between her chest refraining him; that he could instantly sense that something was
wrong with her ( victim female); that Suzette and he attributed it to many things but they
both could not pinpoint on the problem with victim.

127.    Shri Harish Iyer further stated that when he read about the Rape case involving a
Tehelka employee on the National print and electronic media during the THiNK Fest 2013
held in Goa, he knew immediately that it was about victim. When he read in the media
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that Mr Tarun Tejpal (accused mentioned in col. No. 11 at Sl. No. A1) has commented
about  victim  behaviour with the phrase "The lady continued to participate in the
conference with elan", he thought it was important that he put his observations on record
as well which was completely different. Durirng course of his statement he reaffirmed
that he found victim   to be extremely distant and disturbed. He could sense her ( victim
female) discomfort as he has been involved in interacting and counseling several rape and
sexual assault survivors across the country post his public media appearances; that he
immediately posted an email on 30th Nov 2013 at 08.30 pm from his email id
harish.iyer@hotmail.com having subject "Mr. Tejpal, the Complainant Was Not
"participating with Elan" to the friends and media people.  He also produced the print out
of his said email. Thus the statement of Harish Iyer particularly his observation regarding
victim's traumatic state and discomfort after sexual assault on her by Tarun Tejpal belies
the claim of accused Tarun Tejpal and similar media reports regarding victim's
participation with lan in the conference after the incident.  

128.    Mrs.  Sunaina Kumar, (witness mentioned in col. No. 13 at Sr. Nos. 35) Journalist,
working for Tehelka at Mumbai stated in her statement recorded u/sec 161 Cr.P.C. that
she and victim were staying in the same room at International Center Goa at Taleigao. Read
Article
Due to their busy scheduled she did not have much interaction; that she and victim were
returning separately back to room from the THiNK fest function as per their  own timings;
that she always reached before victim to their room and when victim returned, she was
sleeping.

129.    Mrs. Geetan Batra (witness mentioned in col. No. 13 at Sr. Nos. 37),  the wife of the
accused stated in her statement recorded u/sec 161 Cr.P.C. that on 18th Nov 2013 at
about 19.30hrs, her husband Tarun ( accused mentioned in col. No. 11 at Sl. No. A1), who
had left the house in the morning for office, came home and told her that he wants to
disclose something serious. He told her that on the night of the cocktail of Robert De-Niro
and Amitabh Bachaan, both he and victim had a couple of drinks and shared a kiss  and
that now she (victim female)  wanted a public apology. He ( accused mentioned in col. No.
11 at Sl. No. A1) apologised to her and asked to be forgiven; that he (accused mentioned
in col. No. 11 at Sl. No. A1) also told her that their daughter Tiya (witness mentioned in col.
No. 13 at Sr. Nos. 26)  knows about the same.

130.    Mrs. Neena Tejpal Sharma (witness mentioned in col. No. 13 at Sr. Nos. 38), Sister
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),
of the accused mentioned in col. No. 11 at Sl. No. A1 and Chief Operating Officer (COO),
Anant Media Pvt. Ltd., & Festival Director of THiNK Fest, 2013 having office at M-76, M
Block Market, Greater Kailash - II, New Delhi - 48 using Email : neena@tehelka.com,  apart
from other things, stated in her statement recorded u/sec 161 Cr.P.C. that Anant Media
Pvt. Ltd. is registered Pvt. Ltd. Company in the year 2003 with ROC New Delhi; that apart
from others her brother Tarun Tejpal ( accused mentioned in col. No. 11 at Sl. No. A1) and
she herself are the Directors in the said Company and the Board of Directors of the
Company.  All of them are Executive Directors and Tarun ( accused mentioned in col. No.
11 at Sl. No. A1) is the Managing Director.   

131.    Mrs. Neena Tejpal Sharma further stated that THINKWORKS PVT LTD is a registered
Pvt. Ltd. Company in the year 2012 with ROC New Delhi and has registered address as M-
76, M Block Market, Greater Kailash - II, New Delhi 48 (Which is the address of Tehelka
office where Tarun, Shoma and Accounts/Admin. sits); that the other shareholders are (1)
her brother Tarun Tejpal ( accused mentioned in col. No. 11 at Sl. No. A1), (2) Shoma
Chaudhury ( witness mentioned in col. No. 13 at Sr. No. 18); that the Board of Directors
for this company are herself and Tarun ( accused mentioned in col. No. 11 at Sl. No. A1);
that Tarun ( accused mentioned in col. No. 11 at Sl. No. A1) holds the post of the Read
Article
Managing Director.

132.    Mrs. Neena Tejpal Sharma further stated that Tehelka is a brand name used by
Anant Media Pvt. Ltd. for publishing the English weekly News Magazine and Hindi
fortnightly News Magazine; that since inception of Tehelka Magazine, Tarun Tejpal (
accused mentioned in col. No. 11 at Sl. No. A1) is the Editor-in-Chief for the said Magazine;
that the job offer letters for the Editorial staff is signed by Tarun Tejpal.

133.    Mrs. Neena Tejpal Sharma further stated that THiNK Fest was held at Hotel Grand
Hyatt Bambolim Goa from 8th Nov., to 10th Nov., 2013. On 7th Nov., 2013 was the curtain
raiser for the Fest. Staff including Journalists & Editors of Tehelka office, Delhi and
Mumbai were detailed for THiNK Fest and they attended the same. She informed  victim 
via email about being Mr. Robert De Niro's shadow during the THiNK Fest 2013

134.    Mrs. Neena Tejpal Sharma further stated that she was staying in room no. 3208 at
Hotel Grand Hyatt Goa. Tarun ( accused mentioned in col. No. 11 at Sl. No. A1) was staying
in the same floor. Tiya was in Guest House 2 on the ground floor. While Mr Robert De
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Niro, the Hollywood star from New York along with his daughter Drena were residing in
the grand executive suite on the second floor of Guest House 7.

135.    Mrs. Neena Tejpal Sharma further stated that journalist  victim  from Mumbai office
was assigned a job of  ' Shadow' to Mr Robert De Niro during his stay in Hotel Grand Hyatt
for THiNK fest 2013. It was an important job since he was their one of the celebrity guests
and they wanted his stay to be comfortable. When  Mr Tarun  ( accused mentioned in col.
No. 11 at Sl. No. A1) and  Mr Robert De Niro arrived at Hotel Grand Hyatt, victim was in
the lobby to welcome them along with many of them. They introduced victim and a butler
( witness mentioned in col. No. 13 at sr. No. 19) from Hotel side to Mr Robert De Niro.

136.    Mrs. Neena Tejpal Sharma further stated that on 10th November, 2013, she  met
victim in the Green room alongwith De Niro's and the Tehelka team wanted her to click
their photographs with Mr. De Niro and that she clicked the photographs on her mobile.

137.    Mrs. Neena Tejpal Sharma further stated that De Niro's left around 4.00 p.m. or so
for airport to take a private charter. victim was supposed to follow immediately after by a
regular aircraft to Mumbai as she (victim female) was supposed to tie up with Anupam
Read
Kher who was supposed to receive De Niro's at Mumbai airport to take De Niro's to their
Article

house for dinner. On the night of at around 10.00 p.m. or so, while she was at the Grand
Hyatt, Bambolim Lawns, her colleague received a mail from De Niro's office from New
York saying there was no one to assist De Nero's  at the airport Mumbai. They were trying
to get in touch with victim on her phone as she (victim female) was detailed to see him
(De Niro's ) off from Mumbai Airport. However, victim's phone was not contactable.

138.    Mrs. Neena Tejpal Sharma further stated that on 18th  November, 2013, in the
evening time, as called, she went to Tarun's ( accused mentioned in col. No. 11 at Sl. No.
A1) office. Tarun ( accused mentioned in col. No. 11 at Sl. No. A1) was present and she was
followed by Shoma ( witness mentioned in col. No. 13 at Sr. No. 18). Shoma ( witness
mentioned in col. No. 13 at Sr. No. 18) appeared very upset. Shoma ( witness mentioned
in col. No. 13 at Sr. No. 18) told them that she had received a mail from victim and
forwarded the mail to them. She read the email of victim forwarded by Shoma wherein
victim had accused and complained that she (victim female) was sexually assaulted by
Tarun ( accused mentioned in col. No. 11 at Sl. No. A1) .

139 M B ijki h Sh ( it ti di l N 13 t S N
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139.    Mr. Brijkishor Sharma (witness mentioned in col. No. 13 at Sr. No. 39), Account
Finance Manager for Tehelka Magazine & THiNKworks,  New Delhi, apart from other
things, stated in his statement recorded u/sec 161 Cr.P.C. that Mr. Tarun Tejpal ( accused
mentioned in col. No. 11 at Sl. No. A1) was the Editor in chief of Tehelka since Inception of
Tehelka magazine & also Director for Anant Media Pvt. Ltd, New Delhi. Ms. Shoma
Chaudhury ( witness mentioned in col. No. 13 at Sr. No. 18) was the Managing Editor of
Tehelka English Magazine and on second rank after Tarun Tejpal in Tehelka English
magazine. He further said that victim was working as a correspondent for Tehelka English
Magazine and was based in Delhi & then shifted to Mumbai

140.    Mr. Brijkishor Sharma further stated that CID Crime Branch Goa forwarded letters
in the name of Ms. Shraddha Garg, & Neena Tejpal/Sharma asking information under
section 91 of Cr.P.C; that the said letters were forwarded to him by Neena Tejpal/Sharma (
witness mentioned in col. No. 13 at Sr. No. 38) and that as per her ( witness mentioned in
col. No. 13 at Sr. No. 38) directions, he furnished all the documents required by CID Crime
Branch Goa certified by him.

141.    Mr. Brijkishor Sharma further stated that the certified the Xerox copy of
Appointment letter/confirmation letter/ hike in salary letter/promotion letters issued toArticle
Read

victim are having signature of Mr. Tarun Tejpal ( accused mentioned in col. No. 11 at Sl.
No. A1) as Editor in Chief of Anant Media Pvt. Ltd and Tehelka Magazine and that he
identify Tarun Tejpal ( accused mentioned in col. No. 11 at Sl. No. A1) signature as he is
aware of it.

142.    Ms. Ritu Sud,  ( witness mentioned in col. No. 13 at Sr. No. 40) working as Assistant
to Tarun Tejpal ( accused mentioned in col. No. 11 at Sl. No. A1) Tehelka office, New Delhi
apart from other things, stated in her statement recorded u/sec 161 Cr.P.C. that before
the arrival of Tarun Tejpal ( accused mentioned in col. No. 11 at Sl. No. A1) in his office, the
staff from IT department deployed for morning shift use to switch on the computer of
Tarun Tejpal ( accused mentioned in col. No. 11 at Sl. No. A1) before his arrival in the
office. No employee from the Tehelka office had an access to go through his ( accused
mentioned in col. No. 11 at Sl. No. A1) mail nor to open his ( accused mentioned in col.
No. 11 at Sl. No. A1) email I.D.  Tarun Tejpal ( accused mentioned in col. No. 11 at Sl. No.
A1) always used to open his email account by himself and use to check his mail send to
him by different people/employees; that she had full trust in him ( accused mentioned in
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col. No. 11 at Sl. No. A1).

143.    Shri Prawal Srivastava, ( witness mentioned in col. No. 13 at Sr. No. 41)  IT Head,
System Head of Tehelka, New Delhi apart from other things, stated in his statement
recorded u/sec 161 Cr.P.C. that Tarun Tejpal ( accused mentioned in col. No. 11 at Sl. No.
A1) the Editor-in-Chief of Tehelka Weekly Magazine sits on the 3rd floor of the office in an
independent cabin whereas, his Personal Assistant Ms. Ritu Sud ( witness mentioned in
col. No. 13 at Sr. No. 40)  sits outside the cabin of Tarun Tejpal ( accused mentioned in col.
No. 11 at Sl. No. A1). Tarun Tejpal ( accused mentioned in col. No. 11 at Sl. No. A1) and his
Personal Assistant Ms. Ritu Sud ( witness mentioned in col. No. 13 at Sr. No. 40)  are
having the computer system on their tables independently.

144.    Shri Prawal Srivastava further stated that being Editor-in-Chief, Shri Tarun Tejpal (
accused mentioned in col. No. 11 at Sl. No. A1) was the 'Boss' in the Tehelka office and
accordingly enjoyed the privilege. Before he ( accused mentioned in col. No. 11 at Sl. No.
A1) arrives to the office in the morning, the personnel present on duty used to open the
computer system and the internet present on his  ( accused mentioned in col. No. 11 at Sl.
No. A1) table for him to operate, without wasting his time. Tarun Tejpal ( accused
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mentioned in col. No. 11 at Sl. No. A1) has his own e-mail account viz. tarun@tehelka.com 
Article

for which he ( accused mentioned in col. No. 11 at Sl. No. A1) himself has the password
and he ( accused mentioned in col. No. 11 at Sl. No. A1) operates the same himself.

145.    Shri Prawal Srivastava further stated that Tehelka has its own website
www.tehelka.com  and the Tehelka mail server is hosted through Cyberspace Networking
Systems Pvt. Ltd. And the Data centre, Noida, UP. He has the login id and password to
access the Tehelka mail server sitting in Tehelka office at New Delhi.  The server is
regularly maintained by Service Provider of Cyberspace Networking Systems Pvt. Ltd in
Noida and every after 24 hours the Tehelka exchange backup has been taken by the
service provider of Cyberspace Networking Systems Pvt. Ltd and email of the same is
received by him. The Editors and the staff are given the email ids/accounts with
tehelca.com id with their name; that the Tehelka website or the email account of any of
the Editors and staff of the Tehelka with tehelka.com is never hacked or interfered
anytime as there is/was no such complaint from any of the Editors and staff of the
Tehelka.

146 Sh i P lS i t f th t t d th t h th
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146.    Shri Prawal Srivastava further stated that he as per the request,  searched sitting in
the Tehelka office, New Delhi regarding the issue in question and taken the printouts of
the emails in respect of email accounts exchanged between  (1) Tarun Tejpal, (2) Shoma
Chaudhury and (3) victim from their emails viz tarun@tehelka.com,  shoma@tehelka.com
and nishita@tehelka.com respectively from  date18th  November, 2013 to 22nd
November, 2013 and furnished the said printouts/hard copies/documents signed by him
as sought u/s 91 Cr.P.C. to PI Pravin Gawas of CID Crime Branch, Goa, camp New Delhi (
witness mentioned in col. No. 13 at Sr. No. 147) under Memo of Receipt; that he has
furnished the Certificate u/sec 65B of the Indian Evidence Act, 1872.

147.    The statement of Shri Pankaj Kumar Chaudhary (witness mentioned in col. No. 13
at Sr. Nos. 42), I.T Manager/ System Administrator of Tehelka, New Delhi, Shri Nihar
Ranjan Behura (witness mentioned in col. No. 13 at Sr. No. 43), Senior System
Administrator of Tehelka, New Delhi, Shri Rohit Kumar (witness mentioned in col. No. 13
at Sr. No. 44), System Administrator of Tehelka, New Delhi, Shri Manoj Kumar (witness
mentioned in col. No. 13 at Sr. No. 45) System Manger of Tehelka, New Delhi,  Shri
Chanderkant Sharma (witness mentioned in col. No. 13 at Sr. No. 46), System
Administrator of Tehelka, New Delhi, Shri Ksh Bhumeshwar Singh (witness mentioned in
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col. No. 13 at Sr. No. 47), Sr. System Administrator of Tehelka, New Delhi corroborates Article

their statement recorded u/sec 161 Cr.P.C. in material aspects  to the statement of Shri
Prawal Srivastava, ( witness mentioned in col. No. 13 at Sr. No. 41)  IT Head, System Head
of Tehelka, New Delhi.

148.    That, witnesses from serial nos. 31 to 65 above are the employee of Thinkworks
Pvt. Ltd,  New Delhi; organizers of THiNK Fest, 2013 and of Anant Media Pvt. Ltd. New
Delhi publishing weekly Tehelka Magazine.  In their statement recorded u/sec 161 Cr.P.C.,
they have stated that Mr. Tarun Tejpal ( accused mentioned in col. No. 11 at Sl. No. A1) is
Editor-in-Chief of Anant Media Pvt. Ltd New Delhi and Ms. Neena Tejpal/Sharma (witness
mentioned in col. No. 13 at Sr. No. 38) is C.O.O of Anant Media Pvt. Ltd. Both are also
related to each other.  Mr. Tarun Tejpal ( accused mentioned in col. No. 11 at Sl. No. A1) is
brother of Ms. Neena Tejpal/Sharma (witness mentioned in col. No. 13 at Sr. No. 38) and
that they used to have faith/trust in Tarun Tejpal ( accused mentioned in col. No. 11 at Sl.
No. A1)

149.    Shri Priyan Krishnan Shivpalan (witness mentioned in col. No. 13 at Sr. Nos. 83),
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Safety and Security Manager, Hotel Grand Hyatt Goa  apart from other things, has stated
in his statement and supplementary statement recorded u/sec 161 Cr.P.C. that the data of
the recordings of the CCTV footage has the camera timings 50 minutes lagging behind the
real/actual timings.

150.    Shri Ameen Abdul Jabbar (witness mentioned in col. No. 13 at Sr. Nos. 84), Lift
Technician at Hotel Grand Hyatt, Bambolim Goa, apart from other things, has stated in his
statement recorded u/sec 161 Cr.P.C.  that the motion of the lift, while in motion, can be
stopped by anyone/guests using the lift by operating/pressing the red button where it is
written 'Reset-E.Stop' and will operate only when the red reset-E. Stop button is pressed
again.

151.    Mr. Swapneel Chendwankar (witness mentioned in col. No. 13 at Sr. Nos. 85), the
Project and Service Engineer for SIEMENS Ltd. in Goa of SIEMENS Ltd., Worli, Mumbai
apart from other things, has stated in his statement recorded u/sec 161 Cr.P.C. that the
SIEMENS company has completed the CCTV project in Grand Hyatt  Hotel, Bambolim i.e.
installation and commissioning of CCTV cameras; that the time difference that was shown
in the DVR of the CCTV footage of Guest House 7 of Hotel Gand Hyatt, Bambolim may be
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due to the reasons mentioned by him since it was not reset to the actual Indian Standard
Article

Time.

152.    Mr. Swapneel Chendwankar further stated that each block/guest house in Hotel
Grand Hyatt has an independent DVR and they are monitored from the security office,
where there is a monitor to view the display and it is live picture; that the timing of every
DVR may vary depending upon the power supply to them; that  in the security office of
Hotel Grand Hyatt, the captured CCTV footage recordings can be viewed on the monitor.

153.    Shri Shripad  Amonkar-(witness mentioned in col. No. 13 at Sr. Nos. 86), stated in
his statement that he was working as a Network Engineer for Goan Hotels and Clubs Pvt.
Ltd. from June 2008 and was allotted work at Hotel Grand Hyatt Project, Bambolim,
Goa;that Goan Hotels and Clubs Pvt. Ltd. had entered into contract with SIEMENS Ltd.
Mumbai for supply, installation and commissioning of CCTV system at Hotel Grand Hyatt
Bambolim; that he was appointed to oversee the work being done by Seimens Ltd. at
Hotel Grand Hyatt, Bambolim; that before he resigned from Goan Hotels and Clubs Pvt.
Ltd, SEIMENS Ltd. Company had completed part project of CCTV installation &
C i i i H lG dH B b li hi h i l d d
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Commissioning at Hotel Grand Hyatt Bambolim, which included CCTV system installed
and commissioned at Guest House 1, 2, 3, 5, 7, Admin Block; that he handed over the said
CCTV system to Security Manager, Mr. Priyan.

154.    Shri Pushparaj Vasant Gaude (witness mentioned in col. No. 13 at Sr. No. 87)
Assistant Manager, Security, Shri Satish Ashok Mahale (witness mentioned in col. No. 13 at
Sr. No. 88) Security Team Leader,  Shri Vismay Vijay Sawant (witness mentioned in col. No.
13 at Sr. No. 89) Security Team Leader, Shri Vivek Vishnu Shenvi (witness mentioned in col.
No. 13 at Sr. No. 90) Assistant Security Manager, Shri Lavu Namdev Gawas (witness
mentioned in col. No. 13 at Sr. No. 91) Security Team Leader, Shri Amit Chandrakant
Verekar (witness mentioned in col. No. 13 at Sr. No. 92) Assistant Manager, Security, Shri
Dilip Chandrakant Ghadi Gaonkar (witness mentioned in col. No. 13 at Sr. No. 93) Security
Team Leader, Shri Keshav Hattiram Rawal (witness mentioned in col. No. 13 at Sr. No. 94)
Security Team Leader, Shawn De Sa (witness mentioned in col. No. 13 at Sr. No. 95)
Security Team Leader, all working at Hotel Grand  Hayatt, Bambolim in their statement
have stated that in case of any complaint received from the guest, the video footage of
the event is viewed on the cameras screen installed at the CCTV room located at the
basement of the palace building.  They further stated that they realized that the time
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displayed on the monitor screen was lagging behind in almost all the CCTV cameras Article

installed and specifically that the CCTV cameras installed on the ground floor and second
floor of guest house 7 by 50 minutes.

155.    Shri Damodar Sitaram Tari (witness mentioned in col. No. 13 at Sr. No. 96) Audio
Video Telecommunication Technician at Hotel Grand Hayatt, Bambolim stated that on the
request of the Management, he looked after the operations of the CCTV installed in the
hotel that includes replacement of faulty cameras, replacement of faulty DVR, SMPS
(Switch Mode Power Supply).  The installation process of CCTV camera was undertaken by
Siemens Company and has not been completed. There is no Annual Maintenance
Contract (AMC) between the Management of the company and Siemens Company. There
is no any specific personnel/staff detailed at the CCTV room to monitor the system.
However in case of any incident reported in the hotel premises that requires the viewing
of camera recordings, only in such instances the CCTV video recordings are viewed.

156.    Shri Damodar Sitaram Tari further stated that he realised that the time displayed
on the monitor screen is lagging behind in almost all the CCTV cameras installed. That
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during the CCTV viewing it was noticed that every video footage displays the date, time
and CCTV camera locations; that the video recordings by way of CCTV cameras is a
nonstop process and on earlier occasions no any grave incident was reported from the
hotel premises. However when the Police department were conducting an enquiry on
23rd of Nov. 2013 at the CCTV room of the hotel by viewing the video footages, at that
time he noticed that the time displayed on the video was lagging behind by 50 minutes
then the actual time and the same was brought to the knowledge of the Management.

157.    That, witnesses from serial nos.  79 to 95 above; the employees working at Grand
Club situated at Guest House No. 7, Hotel Grand Hayatt, Bambolim. In their statement
recorded they have stated that THiNK Fest, 2013 was held in the Hotel Grand Hayatt
Bambolim where great personalities attended the sessions. The photo session was held in
Grand Club. One buggy is stationed at the Grand Club for the use of the guest and very
often upon the request of the guest any of the guest service officers operates the buggy
for transportation of the guest anywhere in the Hotel premises.  

158.    Mrs. Martha Fernandes (witness mentioned in col. No. 13 at Sr. Nos. 114),
Receptionist in Hotel Casa Paradiso, Panaji in her statement recorded u/sec 161 Cr.P.C.,
Read
apart from other things  has stated that on 07/11/2013 two guests namely Ms. Aastha Article

(witness mentioned in col. No. 13 at Sr. Nos. 29) and Harsimran (witness mentioned in col.
No. 13 at Sr. Nos. 28) checked-in at her Hotel Casa Paradiso, Panaji. She furnished the
Xerox true copy of the Hotel Register page No. 57 having the check-in entry made on
07/11/2013 in the name of Aastha and Harsimran and the Xerox true copy of Driving
License in name of Harsimran Gill,  an identity proof.

159.    Khwaja Ayub Zickriya (witness mentioned in col. No. 13 at Sr. Nos. 115), the General
Manager of Hotel - The International Centre Goa, Dona Paula Goa has furnished the hotel
arrival list of the guest residing in the hotel from date 7.11.2013 to 11.11.2013 wherein
the victim female and the witnesses namely Ishan Tankha, Shougat Dasgupta, G. Vishnu,
Ajachi Chakraborty, Sunaina Kumar ( witnesses mentioned in col.No. 13 at Sr. Nos.20, 21,
22, 24 & 35) and others were residing during THiNK Fest, 2013 as booked by the
management of THiNK Fest, 2013.

160.    Shri Lesley Remedios (witness mentioned in col. No. 13 at Sr. No. 116), Manager of
'Freedom Holidays' Pvt. Ltd., in his statement recorded u/sec 161 Cr.P.C., apart from other
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things,  has stated that event management company namely 'Exclusive Vacations' based
at Jaipur, Rajasthan contacted them and asked to quote for the hire vehicles of different
categories from 07/11/2013 to 11/11/2013 for their company at Goa for the THiNK Fest
2013.  They quoted the charges of the vehicles. That said Exclusive Vacations Company
informed them that they require approximately between 20 to 30 vehicles including cars,
tempo travellers and mini coach buses for the THiNK Fest. 2013. That their agency had
hired the taxi vehicles and other vehicles from the different persons for the said purpose.
The main supplier of the taxi vehicles was one Mr. Shiva Naik (witness mentioned in col.
No. 13 at Sr. No. 117) from Taligao, Panaji.

161.    Shri Lesley Remedios  further produced the photo copies of duty slips for the dates
07/11/2013, 08/11/2013, 09/11/2013 & 10/11/2013 in respect of vehicle bearing No GA-07-
F-3166 having the details on them having the name and signatures of the guest having
used the vehicle for the said dates and that of Sham Borkar (witness mentioned in col. No.
13 at Sr. No. 118) being the driver of the said vehicle and  the photo copy of credit duty
slip for dates 7th to 10th November, 2013 in respect of Mercedes vehicle No. GA-03-N-
8850 which was exclusively used for VVIP guest Mr. Robert De Niro during THiNK Fest.
2013.
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Article

162.    Shri Lesley Remedios  also forwarded the original duty slip in respect of Mercedes
vehicle No. GA-03-N-8850 used by Robert de Nero during THiNK Fest, 2013 having the
signature of  Victim.

163.    Shri Shiva Naik (witness mentioned in col. No. 13 at Sr. No. 117) Businessman in his
statement recorded u/sec 161 Cr.P.C., apart from other things,  has stated that he had
hired vehicles  for "Freedom Holidays" which were used at THiNK fest 2013. One of the
vehicle Innova white colour bearing No GA-07-F-3166 belonging to one Sham Borkar
(witness  mentioned in col. No. 13 at Sr, No. 118) was used  and that the original duty slips
with the details by writing his vehicle number on it having the name and signatures of the
guest using the vehicle for the date handed over by Sham have been forwarded to
"Freedom Holidays" Panajim for payment purpose.

164.    Shri Shiva Naik furnished  the Xerox copies of duty slips on one sheet having
vehicle number GA-07-F-3166 and the name and signatures of the guest having used the
vehicle for the said date and that of Sham Borkar being the driver of the said vehicle and
that the duty slip for date 10/11/2013 has a signature with name XXXXX (victim's name) at46/62
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that the duty slip for date 10/11/2013 has a signature with name XXXXX (victim's name) at
guest sign.

165.    Shri Sham Borkar (witness mentioned in col. No. 13 at Sr. No. 118) Business /Driver
of vehicle Innova number GA-07-F-3166 used by victim at THiNK Fest, 2013 in his
statement recorded u/sec 161 Cr.P.C., apart from other things,  has stated  he that on
date 10/11/2013, he made two trips from Hotel Grand Hayaat to Airport Dabolim, and
trips to Goa International Centre Hotel (GIC) near Goa University; that his mobile number
was given to the co-ordinator and to the guest who seats in his car for co-ordination
purpose

166.    Shri Anant Chodankar (witness mentioned in col. No. 13 at Sr. No. 119) and Shri
Suhas Bandekar (witness mentioned in col. No. 13 at Sr. No. 120) are the other driver
whose vehicles were hired for THiNK Fest, 2013

167.    Shri  Amol  s/o Naiminath  Athanikar (witness mentioned in col. No. 13 at Sr. Nos.
122), Police photographer, Crime Branch  Mumbai in his statement recorded u/sec 161
Cr.P.C., apart from other things,  has stated  he that he has clicked the photographs while
drawing  Attachment Panchanama of the clothes worn by the victim on the days of Read
Article
commission of the offence and furnished  the print out of the photographs  signed by
him.

168.    That, Shri Vasudev Bhatt, IT services, (witness mentioned in col. No. 13 at Sr. No.
124) in his statement recorded u/sec 161 Cr.P.C., apart from other things, has stated he
that he merged the selected CCTV video footages capturing the accused and victim and
other concerned party in this case in order to clear the chronological picture of the event
available on a hard disk - viz. exhibit Ex-P-3  (property mentioned in col. No. 10 at sr. no. 4)
of CCTV cameras of Guest House 7 of Hotel Grand Hyatt, Bambolim attached under the
panchanama as per the request; that the converted files named as 'Output' having
78.1MB data running for 25 minutes 21 Seconds, merged as a single video in a single file
for continuous viewing in a chronological order which is a final edited video has been
written on a CD (softcopy); that the said CD (property mentioned in col. No. 10 at sr. no.
19) bearing his signature with his name handed over to IO under Memo of Receipt.  

169.    That, Shri Saty Narayan Sharma (Sanjay) (witness mentioned in col. No. 13 at Sr. No.
121) C/o Exclusive Vacations Pvt. Ltd., Jaipur, U.P. through a letter has forwarded the
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original duty slips of Innova vehicle No GA-07-F-3166 for dates 7th to 11th November,
2013 having the signature of victim  on the duty slip dated 10th Nov. 2013 of the said
Innova vehcile.  

170.    That, during the course of investigation, the exhibit Ex-P-3 ( property mentioned in
col. No. 10 at sr. No. 4) which is the hard disc having data of CCTV Footage of Guest House
3 & 7, Hotel Grand Hayatt, Bambolim  was operated on the Computer system. On careful
visualization of the CCTV Footage of Guest House 7 of date 7th Nov., 2013 it is seen as
under:
a)    On 2nd floor at CCTV camera time 22:27:45 hrs, accused Tarun Tejpal and victim 
entered the lift and the door of the lift is closed at this time.

b)    On the ground floor at CCTV camera time 22:28:06 hrs, the door of the lift opened
and the accused and victim came out of the lift at this time.

Thus it is seen that, it took approximately 21 seconds for the lift to reach from 2nd floor to
the ground floor as seen from the CCTV footage.

It is further seen that: Read


Article
c)    On the ground floor at CCTV camera time 22:33:59 hrs, the accused Tarun Tejpal by
catching the hand of victim took the victim in the lift and the door of the lift closed.

d)    On the 2nd floor at CCTV camera time 22:36:08 hrs, the accused Tarun Tejpal and
victim came out of the lift and then walked towards the staircase during which time
accused is seen wiping his mouth with left hand and the victim adjusting and making her
dress proper with her left hand.

Thus, it is seen that the accused Tarun Tejpal and victim  were in the lift of Guest House
No.7 for 129 seconds i.e. 2 minutes 9 seconds as seen from the CCTV footage.

171.    As stated by Mr. Priyan (witness mentioned in col. No. 13 at sr. No. 83),  Safety &
Security Manager of Hotel Grand Hyatt, Bambolim, while drawing the Scene of Offence
Panchanama dated 28/11/2013 that the CCTV camera timing was 50 minutes behind the
actual timing Indian Standard Time (IST). As such the actual time when the accused took
victim in the ground floor lift of Guest House No.7 on 7th Nov.2013 is at time 23:23:59 hrs
(22:33:59 +00:50:00) and the time that they came out of the lift on the 2nd floor of the
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said Guest House No.7 on the said date 7th Nov.2013 is at time 23:26:08 hrs (22:36:08
+00:50:00).

172.    Thus from the statement of victim female and the CCTV camera timings, it is clear
that
I.    The approximate time of offence is between 23:23:59 hrs and 23:26:08 hrs on 7th
Nov.2013 in the lift of Guest House No.7 in Hotel Grand Hyatt, Bambolim as seen from the
CCTV footage.

173.    That, on careful visualization of the CCTV Footage of Guest House 7 of date 8th
Nov., 2013, it is seen as under:

e)    On the ground floor at time 20:10:26 hrs.,  the accused and the victim entered the lift
and the door of the lift closed at this time.

f)    On 2nd floor at time 20:10:40 hrs.,  the door of the lift opened and the victim came out
followed by accused and again accused went back in the same lift followed by victim and
the door of the lift closed at time 20:10:58 hrs.
Read
Article
Thus it is seen that, it took approximately 14 seconds for the lift to reach 2nd floor  from 
the ground floor as seen from the CCTV footage.

g)    On the ground floor at time 20:11:11 hrs.,  the door of the lift opened and the victim
hurriedly came out of the lift first appearing to be looking out for someone, followed by
the accused.

174.    As stated by Mr. Priyan (witness mentioned in col. No. 13 at sr. No. 83),   Safety &
Security Manager of Hotel Grand Hyatt, Bambolim, while drawing the Scene of Offence
Panchanama dated 28/11/2013 that the CCTV camera timings was 50 minutes behind the
actual timing. As such the actual time - Indian Standard Time (IST) when the accused took
victim in the ground floor lift of Guest House No.7 on 8th Nov.2013 is at time 21:00:26 hrs
(20:10:26 + 00:50:00) and the time that they came out of the lift on the 2nd floor of the
said Guest House No.7 on the said date 8th Nov.2013 is at time 21:00:40 hrs (20:10:40
+00:50:00). So also they immediately went back in the lift on the 2nd floor of the same
Guest House No.7 in the same lift at time 21:00:58 hrs (20:10:58 + 00:50:00) and came out
of the lift on the ground floor at time 21:01:11 hrs (20:11:11 + 00:50:00)
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175.    Thus from the statement of victim female and the CCTV camera timings, it is clear
that
II.    The approximate time of offence is between 21:00:26 hrs and 21:01:11 hrs on 8th
Nov.2013 in the lift of Guest House No.7 in Hotel Grand Hyatt, Bambolim as seen from the
CCTV footage.

176.     That, the Electronic Media NDTV, New Delhi (witness mentioned in col. No.13 at Sr.
No. 141 )  has forwarded the documents and soft copy on CD (property mentioned in col.
No. 10 at Sr. No. 20) containing footage of the incident, as aired on their channel NDTV
24x7 (English) and NDTV India (Hindi) alongwith the scripts of the news clippings and
certificate under section 65B of the Indian Evidence Act, 1872.

177.    That,  the Electronic Media - TV Today Network Ltd., India Today Group, Noida, New
Delhi (witness mentioned in col. No.13 at Sr. No. 142 )  has forwarded the copy of the CD
(property mentioned in col. No. 10 at Sr. No. 22).containing the telecast shown on its news
channels AajTak and Headlines Today on 22.11.2013  

178.    That, the CPU of make HP marked as Exhibit - Ex-S-1, Hard Disk of Iomega make Read
Article
marked as Ex- P-2, marked as Exhibit Ex- S-3, black colour SAMSUNG GALAXY S II mobile
hand set with sim card, grey colour DVR of Europlex marked as Ex-P-4, grey colour DVR of
Europlex technologies marked as Ex-P-5 and one BlackBerry mobile phone marked as
Exhibit Ex- Z have been forwarded to CFSL, Hyderabad for examination and report into
the same received from CFSL, Hyderabad  (witness mentioned in col. No., 13 at sr. No.
145).

179.    That, documentary evidence that Tarun Tejpal (accused mentioned in col. No.11 at
Sl. No. A1) is the Director of Anant Media Pvt. Ltd., New Delhi, and Thinkworks Pvt. Ltd.,
New Delhi; that he was the Managing Director of Anant Media Pvt. Ltd., and Thinkworks
Pvt. Ltd.; that he was the Editor-in-Chief of Tehelka Magazine; that the victim female
Journalist was employed as a journalist by Tarun Tejpal (accused mentioned in col. No.11
at Sl. No. A1) in the Anant Media Pvt. Ltd., New Delhi and  was working for Tehelka
Magazine; that she was assigned the most important duty at THiNK Fest, 2013 of
chaperoning the Holloywood Star Robert De Niro at Hotel Grand Hayatt, Bambolim Goa;
that the emails exchanged  between (1) Tarun Tejpal (accused mentioned in col. No.11 at
Sl No A1) (2) Shoma Chaudhury (witness mentioned in col No 13 at Sr No 18) and (3)
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Sl. No. A1), (2) Shoma Chaudhury (witness mentioned in col. No.13 at Sr. No. 18) and (3)
victim from their emails viz tarun@tehelka.com, shoma@tehelka.com and
nishita@tehelka.com respectively from  date18th November, 2013 to 22nd November,
2013 and other related documents have been brought on record.

180.    That, the call, SMS and GPRS usage data details of the mobile phones held and
used by (1) Tarun Tejpal (accused mentioned in col. No.11 at Sl. No. A1) using mobile No.
9810010981, (2) Shoma Chaudhury using mobile No. 9810290016 (witness mentioned in
col. No.13 at Sr. No. 18 ) using mobile No. 9810290016  and (3) victim using mobile No.
9820585954 have been brought on record.

181.  On the basis of various statements recorded, documentary and digital evidence
collected during course of investigation in the offences, following broad conclusions can
be drawn:
a)    That, Victim employed as a young Woman journalist, who was working with Tehelka
Magazine as a Principal Correspondent based in Mumbai, was raped, sexually harassed,
and her modesty outraged inside an elevator in a five star Hotel Grand Hyatt, Bambolim
Goa during annual Think Fest, 2013 organized by Thinkworks Pvt. Ltd., New Delhi by her
own employer Tarun Tejpal, Editor-in-Chief of Tehelka  Magazine ( accused mentioned in
Read
Article

col. No. 11 at Sl. No. A1).

b)    There is sufficient evidence available in the form of documents and statements on
record to prove that Think Fest, 2013 was organized in Hotel Grand Hyatt,  Bambolim Goa
from 7th of November to 10th of November 2013.

c)    That, Think Fest, 2013 is an event which was organized by Thinkworks Pvt. Ltd., New
Delhi stands substantiated through documents and statements available.

d)    That, the Think Fest, 2013 was attended by several important people from different
walks of life which included social activists, academicians, Film Stars, Journalists,
Politicians and other persons of prominence and fame in their respective areas.

e)    There is sufficient evidence available in the form of documents and statements  to
show that Tarun Tejpal ( accused mentioned in col. No. 11 at Sl. No. A1) was the Director
of Anant Media Pvt. Ltd. New Delhi and Thinkworks Pvt. Ltd.,  and was also the Editor-in-
Chief of Tehelka Magazine during the commission of crime on victim woman.
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f)    That, Think Fest, 2013 was also attended by Ms. Shoma Chaudhury (witness
mentioned in col. No. 13 at Sr. No. 18), Shri Tarun Tejpal (accused mentioned in col. No.
11 at Sl. No. A1) along with his daughter Tiya Tejpal ( witness mentioned in col. No. 13 at
Sr. No. 26) and wife Ms. Geetan Batra ( witness mentioned in col. No. 13 at Sr. No. 37),
who were staying in the same Hotel Grand Hayatt, Bambolim Goa. There are sufficient
documents and records available to prove their presence in the Hotel Grand Hayatt,
Bambolim Goa during Think Fest, 2013.

g)    There is sufficient evidence available in the form of documents and statements on
record to prove that Mr. Robert De Niro, famous Hollywood Actor also attended the Think
Fest, 2013 along with his daughter Drena. They were staying in Guest House 7 of the Hotel
Grand Hayatt, Bambolim Goa.

h)    There is sufficient evidence available in the form of documents and statements on
record to prove that Victim; an employee of Tehelka Magazine was detailed as a
Chaperone with Mr. Robert De Niro.

i)    There is sufficient evidence available in the form of documents, statements and Read
Article
electronic records on record to prove that on 7th  November 2013, Victim was raped,
sexually harassed, and her modesty outraged inside an elevator in the lift of Guest House
No 7, Hotel Grand Hayatt, Bambolim Goa by her own employer Tarun Tejpal, Editor-in-
Chief of Tehelka  Magazine ( accused mentioned in col. No. 11 at Sl.No. A1)     .

j)    There is sufficient evidence available in the form of documents, statements and
electronic records on record to prove that on 8th  November, 2013 Victim was again
sexually harassed, and her modesty outraged inside an elevator in the lift of Guest House
No 7, Hotel Grand Hayatt, Bambolim Goa by her own employer Tarun Tejpal, Editor-in-
Chief of Tehelka  Magazine (accused mentioned in col. No. 11 at Sl. No. A1).

k)    There is sufficient evidence available in the form of documents and statements on
record to prove that Victim has stated before the Investigating Officer (witness mentioned
in col. No. 13 at Sr. No. 152) under section 161 Cr.P.C. as well as before the Magistrate
(witness mentioned in col. No. 13 at Sr. No. 144) under Section 164 Cr.P.C. regarding rape,
sexual harassment, and outraging  her modesty committed by her employer Tarun Tejpal
(accused mentioned in col. No. 11 at Sl. No. A1) in the lift of Guest House No 7, Hotel
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Grand Hayatt, Bambolim Goa on 7th and 8th November 2013 during Think Fest, 2013.

l)    There is sufficient evidence available in the form of documents and statements on
record to prove that the victim is an employee of Tehelka Magazine and she respected
and trusted Tarun Tejpal (accused mentioned in col. No. 11 at Sl. No. A1) as a Senior
Colleague. It is also a fact that accused mentioned in col. No. 11 at Sl. No. A1 exercised
authority and control on her (victim) as her employer.

m)    There is sufficient evidence available in the form of documents and statements on
record to prove that immediately after rape,  sexual harassment, and her modesty
outraged,  the victim  has shared the said incident and her trauma with her friends who
stayed with the victim in International Centre Goa at Dona Paula in person after finishing
her duties. She also shared the incident on phone with her other friends including her
boyfriend, mother,  step mother and step sister regarding rape,  sexual harassment, and
her modesty outraged,  by Tarun Tejpal (accused mentioned in col. No. 11 at Sl. No. A1)
during Think Fest, 2013. Statements of witnesses under 161 Cr.P.C. as well as 164 Cr.P.C.
in this regards are available on record.

Read
n)    There is sufficient evidence available in the form of documents and statements on Article
record to prove that incident of rape,  sexual harassment, and outraging the modesty  of
the victim took place and this is also proved by the Email conversations and SMS
exchanged between victim and Tarun Tejpal (accused mentioned in col. No. 11 at Sl. No.
A1) after the Think Fest, 2013 was over. The concerned computers and mobile phones
from which emails and SMSs have been generated by the victim and Tarun Tejpal
(accused mentioned in col. No. 11 at Sl. No. A1) were properly seized under panchanama
and sent for forensic examination of which reports have been received.

o)    There is sufficient evidence available in the form of documents,  statements and
electronic records on record to prove the offence  of  rape,  sexual harassment, and
outraging the modesty  of  Victim by Tarun Tejpal (accused mentioned in col. No. 11 at Sl.
No. A1) was commited inside the elevator of the Guest House No 7, Hotel Grand Hayatt,
Bambolim Goa on 7th and 8th November 2013 during Think Fest, 2013.

p)    There is sufficient evidence available in the form of documents and statements on
record to prove that incident of rape,  sexual harassment, and outraging the modesty  on
Victim by Tarun Tejpal (accused mentioned in col No 11 at Sl No A1) which took place in53/62
https://www.indiatoday.in/india/north/story/chargesheet-against-tarun-tejpal-read-full-text-181614-2014-02-18
6/11/2020 Chargesheet against Tarun Tejpal: Read full text - India News
Victim by Tarun Tejpal (accused mentioned in col. No. 11 at Sl. No. A1)  which took place in
the lift of the Guest Hoiuse 7 in the Hotel Grand Hayatt, Bamabolim Goa was covered
under CCTV Surveillance. The movement of Victim along with Tarun Tejpal (accused
mentioned in col. No. 11 at Sl. No. A1)  entering the lift and coming out, after commission
of crime on both the days i.e. 7th and 8th Nov. 2013 is properly available in the CCTV
footage which was subsequently identified by Victim during the Scene of Offence
Panahcnama. It is important to mention that there is no CCTV camera inside the lift.

q)    There is sufficient evidence available in the form of documents and statements on
record to prove that Tarun Tejpal (accused mentioned in col. No. 11 at Sl. No. A1) has
admitted the commission of rape,  sexual harassment, and outraging the modesty  of 
Victimand incriminating emails in this regards containing his apology email letters to the
victim regarding rape,  sexual harassment, and outraging her modesty  which were
retrieved at his ( Tarun Tejpal's) instance under Panchnama under Section 27 Indian
Evidence Act.

r)    There is sufficient electronic evidence available on record to prove that the emails and
SMSs exchanged between Victim and Tarun Tejpal  (accused mentioned in col. No. 11 at
Sl. No. A1)  are genuine and have originated from the electronic computers and mobile Article
Read

phones  which were used by them which were seized under panchanama from the
possession of Victim and Tarun Tejpal  (accused mentioned in col. No. 11 at Sl. No. A1) 
during the course of investigation.

s)    There is sufficient evidence available on record to prove that the accused Tarun Tejpal
(accused mentioned in col. No. 11 at Sl. No. A1)  did exercise his official authority of being
Editor-in-Chief of Tehelka Magazine and Director of Anant Media Pvt. Ltd. over Victim who
was an employee working for Tehelka Magazine and Anant Media Pvt. Ltd. to the extent of
even putting her in fear of losing her job, during the commission of the offences of rape, 
sexual harassment and outraging her modesty.

t)    There is sufficient evidence available in the form of documents and statements on
record to show that Tarun Tejpal (accused mentioned in col. No. 11 at Sl. No. A1) has been
evading police after commission of crime.

182.      In the final analysis,  it can be concluded that the victim of sexual assault in the
present case is a young woman journalist who was raped,  sexually harassed and her
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p
6/11/2020
y g jChargesheet against Tarun Tejpal: Read
p full text - India News
y
modesty  outraged by Tarun Tejpal (accused mentioned in col. No. 11 at Sl. No. A1);  a
person whom she trusted as a fatherly figure and respected as a senior colleague .This
incident has caused serious psychological injury to the dignity, self-esteem and overall
personality of  victim young woman journalist who has made a mark for herself in the
field of journalism.

183.     From the investigation conducted in this case, it is revealed that-


    Tarun Tejpal (accused mentioned in col. No.11 at Sl. No. A1) is the Director of Anant
Media Pvt. Ltd., New Delhi, and Thinkworks Pvt. Ltd., New Delhi registered with ROC, New
Delhi (witness mentioned in col. No.13 at Sr. No. 143);

    That Tarun Tejpal (accused mentioned in col. No.11 at Sl. No. A1)  was the Managing
Director of Anant Media Pvt. Ltd., and Thinkworks Pvt. Ltd. ( witness mentioned in col.
No.13 at Sr. No. -143 and Neena Tejpal witness mentioned in col. No.13 at Sr. No. 38);

    That Tarun Tejpal (accused mentioned in col. No.11 at Sl. No. A1)  was the Editor-in-
Chief of Tehelka Magazine (witness mentioned in col. No.13 at Sr. No. 1, 18, 38, 39, 41, 20,
21, 22, 35, 34 and others);
Read
Article
    That victim was employed as a journalist by Tarun Tejpal (accused mentioned in col.
No.11 at Sl. No. A1) in the Anant Media Pvt. Ltd., New Delhi and working as a Pricipal
Correspondent for Tehelka Magazine ( witnesses mentioned in col. No.13 ar Sr. No. 1, 18
38, 39, 41, 20, 21, 22, 35, 34 and others);

    That the victim female Journalist was assigned the most important duty at THiNK Fest,
2013 of chaperoning the Holloywood Star Robert De Niro at Hotel Grand Hayatt,
Bambolim Goa (witness mentioned in col. No.13 at Sr. No.  1, 18 38, 39, 41, 20, 21, 22, 35,
34 and others);

    That, as per the original complaint emailed by the victim to the Managing Editor of the
Magazine Tehelka Ms. Shoma Chaudhury (witness mentioned in col. No.13 at Sr. No. 18)
regarding rape,  sexual harassment, and outraging her modesty, her (victim) detail
statement recorded u/sec161 Cr PC in the  presence of  NGO, her ( victim) supplementary
statement,  her (victim) statement recorded u/s 164 (5A) of Cr. P.C. by the Hon'ble JMFC
Panaji, supported by the CCTV footage of Guest House No. 7 of Hotel Grant Hyatt,
Bambolim Goa of date 7th and 8th Nov 2013 (property mentioned in col No 10 at Sr 9
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Bambolim Goa of date 7th and 8th Nov., 2013 (property mentioned in col. No. 10 at Sr . 9,
3, 4 & 1) reveals that Tarun Tejpal (accused mentioned in col. No. 11 at Sl.No. A1) being
the person in position of trust,  authority, in a position of control  and dominance as an
employer (Director of Anant Media Pvt. Ltd., New Delhi , Managing Director of Anant
Media Pvt. Ltd. and Editor-in-Chief of Tehelka Magazine) employed  victim as an employee
of Anant Media Pvt. Ltd. and working as a journalist for Tehelka Magazine,  wrongfully
restrained, confined, used criminal force, made physical contacts, demanded sexual
favours, made sexually coloured remarks and committed offence of rape,  sexual
harassment, and outraging the modesty  on victim against her wish and consent in the lift
of Guest House No. 7 of Hotel Grant Hyatt, Bambolim Goa approximately between
23:23:59 hrs and 23:26:08 hrs on 7th Nov.2013 and approximately between 21:00:26 hrs
and 21:01:11 hrs on 8th Nov.2013.

    That, the emails exchanged  between (1) Tarun Tejpal (accused mentioned in col. No. 11
at Sl.No. A1),  (2) Shoma Chaudhury (witness mentioned in col. No.13 at Sr. No. 18) and (3) 
victim from their emails viz.  tarun@tehelka.com,  shoma@tehelka.com and
nishita@tehelka.com respectively from  date18th November, 2013 to 22nd November,
2013 and other related documents brought on record reveals that Tarun Tejpal (accused
Read
mentioned in col. No.11 at Sl. No. A1) being the person in position of trust,  authority, inArticle
a
position of control  and dominance as an employer (Director of Anant Media Pvt. Ltd.,
New Delhi , Managing Director of Anant Media Pvt. Ltd. and Editor-in-Chief of Tehelka
Magazine) to  victim  as an employee of Anant Media Pvt. Ltd. and working as a journalist
for Tehelka Magazine has wrongfully restrained, confined, used criminal force, made
physical contacts, demanded sexual favours, made sexually coloured remarks and
committed the offences of rape,  sexual harassment, and outraging her modesty  against
her wish and consent in the lift of Guest House No. 7 of Hotel Grant Hyatt, Bambolim Goa
approximately between 23:23:59 hrs and 23:26:08 hrs on 7th Nov.2013 and
approximately between 21:00:26 hrs and 21:01:11 hrs on 8th Nov.2013.

    That, the text SMS messages exchanged by Tarun Tejpal (accused mentioned in col. No.
11 at Sl.No. A1) from his Blackberry mobile phone having SIM card No. 9810010981 with 
victim on her Samsung mobile phone having SIM card No. 9820585954 reveals that he
(accused mentioned in col. No.11 at Sl. No. A1) being the person in position of trust,
authority, in a position of control and dominance as an employer (Director of Anant Media
Pvt. Ltd., New Delhi , Managing Director of Anant Media Pvt. Ltd. and Editor-in-Chief of
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Tehelka Magazine, father's friend) to  victim  as an employee of Anant Media Pvt. Ltd. and
working as a journalist for Tehelka Magazine and his (accused mentioned in col. No.11 at
Sl. No. A1) friend's daughter, has wrongfully restrained, confined, used criminal force,
made physical contacts, demanded sexual favours, made sexually coloured remarks and
committed the offences of rape, sexual harassment, and outraging her modesty  against
her wish and without her consent in the lift of Guest House No. 7 of Hotel Grant Hyatt,
Bambolim Goa between 23:23:59 hrs and 23:26:08 hrs on 7th Nov.2013 and between
21:00:26 hrs and 21:01:11 hrs on 8th Nov.2013.
 
                  Thus, taking into account in a holistic and logical perspective the entire gamut
of evidence collected during the course of investigation and submitted herewith in the
form of statement, supplementary statement of the victim journalist under 161 Cr.P.C.
and 164 Cr.P.C. and statements of various other crucial witnesses, documents, and
electronic records collected during the course of investigation, it is revealed that accused
Tarun J. Tejpal (accused mentioned in col. No. 11 at Sl. No. A1)   has committed offences
punishable under sections 354, 354-A, 341, 342, 376, 376(2) (f) and 376(2) (k) IPC.
     Hence the charge.    
Read
Article
 

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