Indus Valley Times

MUMBAI,AUG 6 : In a major setback to former Tehelka editor Tarun Tejpal, the Bombay High Court on Thursday convicted him in the 2013 rape case filed by a former colleague and set aside the acquittal order passed by the Goa sessions court in 2021.

A division bench of Justices Neela Gokhale and Amit Jamsandekar of the High Court’s Goa bench held Tejpal guilty under Sections 376(2)(f), 354A and 354B of the Indian Penal Code. The court said it would pronounce the order on the quantum of punishment later in the day.

“We set aside the trial court order of acquittal. The respondent (Tejpal) stands convicted,” the bench said.

Tejpal, who was present in court during the hearing, sought leniency while pleading for a lighter sentence. He told the court that he was 62 years old, the father of two daughters and a “political victim”.

“I am 62 years old today. I am a father of two daughters. I have a wife. I am a political victim. My lawyers have also asked me to urge the court to show leniency,” Tejpal said.

His counsel Aabad Ponda sought the minimum punishment prescribed under the law and urged the court to suspend the sentence and conviction for at least 10 weeks to allow Tejpal to approach the Supreme Court.

Ponda argued that Tejpal had been on bail throughout the trial and had not violated any conditions imposed by the court. He also pointed out that Tejpal was a senior citizen.

Solicitor General Tushar Mehta, appearing for the Goa government, however, sought the maximum punishment, arguing that a stringent sentence was required to send a strong message that “no means no”.

Mehta said Tejpal deserved the maximum punishment of life imprisonment, alleging that he had shown a “brazen” attitude towards the complainant and had not expressed remorse.

“The convict was in a position of dominance over the victim. The victim was not just a colleague but also a friend of his daughter. The convict has shown no remorse,” Mehta told the court.

The Solicitor General argued that the offence was aggravated by Tejpal’s position of authority and his conduct during and after the alleged incident.

He said Tejpal had questioned the complainant’s behaviour after the incident and suggested that she had acted normally, arguing that such reasoning reflected an incorrect understanding of how survivors respond to sexual assault.

“There is no universal standard governing the reaction of a survivor, as responses differ depending on an individual’s education, personality, social background and circumstances,” Mehta had argued during the hearing of the state’s appeal.

He said the punishment should be proportionate to the offence and serve as a deterrent.

“The punishment should commensurate with the act. It is high time to send a clear message that no means no. That deterrent message needs to be sent out,” Mehta said.

After the verdict, Tejpal said he would challenge the High Court order before the Supreme Court. “We will be appealing against this order. We feel the order is wrong. We will be moving to the Supreme Court against the order,” he told reporters.

The case dates back to November 2013, when a former junior colleague accused Tejpal of sexually assaulting her inside a hotel elevator during Tehelka magazine’s annual ThinkFest event in Goa.

Tejpal was acquitted by the Goa sessions court in 2021, after which the state government challenged the verdict before the Bombay High Court. During the appeal proceedings, the Goa government argued that the trial court had erred in assessing the complainant’s conduct based on assumptions about how a survivor of sexual assault should behave.

-PTI