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The CCTV Footage

The available footage establishes the time spent in the elevator on the two successive days and seems to corroborate the complainant's claims

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The CCTV Footage
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Excerps from the chargesheet on the CCTV footage

170. On careful visualization of the CCTV Footage of Guest House 7, Hotel Grand Hayatt, Bambolim of date 7th Nov., 2013 it is seen as under:

  1. 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.

  2. 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.

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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:

  1. 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.
     
  2.  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.

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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 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:

  1. 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.
     
  2. 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.

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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

  1. 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.

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