Today, the Goa Bombay High Court overturned the 2021 acquittal of former Tehelka editor-in-chief Tarun Tejpal in the 2013 rape case filed by a junior colleague, holding him guilty of rape and sexual harassment.
A Division Bench of Justice Dr Neela Gokhale and Justice Amit Jamsandekar allowed the Goa government's appeal against the Sessions Court verdict and convicted Tejpal under Sections 376(2)(f), 376(2)(k), 354A and 354B of the Indian Penal Code. The Court will hear arguments on the quantum of sentence separately.
Following the conviction, Senior Advocate Aabad Ponda, appearing for Tejpal, sought leniency during sentencing, pointing out that the alleged offence was over 13 years old and that Tejpal had no other criminal cases against him. He also requested an eight-week stay on the conviction to allow Tejpal to approach the Supreme Court, arguing that the High Court had reversed an earlier acquittal.
Tejpal, who was present in court, personally appealed for mercy. Referring to his age, he told the Bench that he was 62 years old and maintained that he considered himself a victim. He requested the Court to take a lenient view while deciding the sentence.
Opposing the plea, Solicitor General Tushar Mehta, representing the State, argued that Tejpal had abused a position of trust. He submitted that despite repeated refusal by the complainant, Tejpal continued making advances and urged the Court to send a strong message that "No means No."
The matter has been posted for hearing on the sentence at 2:30 PM. The High Court has not yet released its detailed judgment.
The State CID had challenged the May 2021 judgment of the Mapusa Sessions Court, arguing that the trial court had focused excessively on the complainant's conduct after the incident instead of evaluating the evidence against Tejpal. It also contended that the trial court ignored important material, including an apology email sent by Tejpal after the complainant reported the incident to Tehelka's then Managing Editor, Shoma Chaudhry.
The defence, however, maintained that the acquittal was well-reasoned and based on objective electronic evidence rather than stereotypes.
The case stems from allegations made by a junior colleague who accused Tejpal of sexually assaulting her during an event in Goa in November 2013. After she complained internally, Tejpal sent an email apologising for what he described as a "shameful lapse of judgment" and acknowledged making unwanted advances despite her reluctance.
The Goa Police later took suo motu cognisance of media reports and registered a criminal case. Tejpal was arrested in November 2013 and was granted regular bail by the Supreme Court in July 2014. The investigation resulted in a 2,846-page chargesheet, with the prosecution relying on the complainant's testimony, statements of colleagues, CCTV footage, emails and WhatsApp messages.
The Sessions Court acquitted Tejpal in May 2021, holding that there was insufficient corroborative evidence and granting him the benefit of doubt due to inconsistencies in the complainant's testimony.
The Goa government appealed the acquittal, leading to Thursday's judgment convicting Tejpal.
Case Title: State of Goa vs Tarunjit Tejpal (CRIA/16/2022)
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