- Tarun Tejpal, journalist and Tehelka’s former editor-in-chief, was convicted of rape on Thursday, as the Bombay High Court in Goa overturned the trial court ruling that acquitted him in 2021.
- The quantum of sentence will be pronounced at 2.30 pm.
- Tejpal, who was in court, has sought leniency in sentencing.
- The Bombay High Court Goa Bench set aside the judgment of a Sessions Court in Mapusa which had acquitted him in a rape case lodged against him by a junior colleague in November 2013.
- A division bench of Justice Dr Neela Gokhale and Justice Amit Jamsandekar, allowing the appeal filed by the Goa Government, convicted Tejpal.
- The bench pronounced Tejpal guilty of the offences of rape and sexual harassment under Sections 376(2)(f) and 376(2)(k), along with Sections 354A, 354B of the Indian Penal Code.
- A woman journalist had accused Tejpal of sexually assaulting her in a hotel elevator on November 7 and November 8, 2013.
- In 2021, a sessions court in Goa acquitted Tejpal, saying the complainant 'did not demonstrate any kind of normative behaviour' a victim of sexual assault 'might plausibly show.'
- The Goa government subsequently challenged the acquittal in the High Court.
- During the hearings before the High Court, the state argued that the manner in which the trial court dealt with the case was perturbing.
- The state said the lower court virtually laid down guidelines on how the victim 'should' respond in such circumstances, calling it a classic case of perverse findings.
- The Sessions Court had in May 2021 acquitted Tejpal of all the charges in the alleged sexual assault and rape case.
- The court found that there was no material on record to corroborate the allegations levelled by the victim of the offence against Tejpal.
- The victim had on November 18, 2013, complained to Tehelka's then managing editor, another acclaimed journalist - Shoma Chaudhry.
- Tejpal was arrested on November 30, 2013, after a local court in Goa rejected his anticipatory bail application.
- In February 2014, the Goa Police Crime Branch filed a 2,846-page charge sheet against him.
- The prosecution's case mainly rests on the victim's statement, statements of her colleagues, and electronic evidence in the form of CCTV footage, e-mails and WhatsApp messages.
The Bombay High Court has convicted Tarun Tejpal of rape, reversing a 2021 acquittal. The court found that the trial court's handling of the case was flawed, stating it had put the victim on trial instead of the accused.1369
Solicitor General Tushar Mehta argued that the trial court's approach was 'perturbing' and that it ignored crucial evidence, including Tejpal's own apology email to the victim.10
Tejpal, who was accused of assaulting a junior colleague in a hotel elevator in November 2013, had previously been acquitted by a sessions court, which claimed the victim's behavior did not align with that of a typical assault victim.812
The High Court's decision was influenced by the Goa government's appeal, which highlighted the trial court's failure to properly assess the evidence.
Tejpal's defense argued that the victim's testimony was inconsistent and that CCTV footage did not support the allegations.
After the conviction, Tejpal requested leniency, stating, *"I am 62, and I believe I am a victim... Please be lenient with me."*
However, Mehta countered, emphasizing the need for a strong societal message regarding consent, stating, *"A No Means A No."*
The court will reconvene at 2:30 PM to determine the sentence, with Tejpal's lawyer seeking an eight-week stay to appeal the conviction.
“Tejpal, now 62, pleaded for leniency, saying 'I am 62, and I believe I am a victim.' Solicitor General Tushar Mehta opposed, arguing 'A No Means A No,' and the court adjourned for sentencing, with Tejpal seeking an 8-week stay to appeal to the Supreme Court.”
The Indian Express
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