Goa: The Bombay High Court’s Goa bench on Thursday convicted former Tehelka editor-in-chief Tarun Tejpal in the 2013 rape case filed by a former junior colleague, setting aside the 2021 acquittal by a Goa sessions court and reserving the sentencing order for a separate hearing later in the day.
A division bench of Justices Neela Gokhale and Amit Jamsandekar held Tejpal guilty under IPC Sections 376(2)(f) and 376(2)(k) (rape) along with Sections 354A and 354B (sexual harassment and related offences). The court said it would announce the quantum of punishment separately, as reported by LiveLaw.in.
Trial Court Acquittal Set Aside
In unequivocal terms, the bench nullified the earlier “not guilty” finding. “We set aside the trial court order of acquittal. The respondent (Tejpal) stands convicted,” the judges said, allowing the Goa government’s appeal against the 2021 verdict.
Tejpal, who was present in court, sought a lighter sentence, telling the bench: “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.”
Defence Seeks Minimum Sentence
His counsel, Aabad Ponda, urged the court to impose only the minimum punishment prescribed by law and to suspend both the conviction and sentence for at least 10 weeks so that Tejpal could move the Supreme Court. Ponda pointed out that Tejpal had remained on bail throughout the trial without violating any conditions and stressed his age, describing him as a senior citizen.
Solicitor General Presses For Life Term
Solicitor General Tushar Mehta, appearing for the Goa government, pressed for the maximum sentence, including life imprisonment, arguing that a strong deterrent was needed to reinforce the principle that “no means no”. Mehta said Tejpal had shown a “brazen” attitude towards the complainant and had expressed no 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.
He said the crime was worse because Tejpal was in a position of power and behaved badly during and after the incident, even questioning the complainant’s conduct and suggesting she had acted normally — an approach the Solicitor General said showed he did not understand how survivors of sexual assault typically react.
“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 told reporters he would challenge the order in 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 said.
The allegations first surfaced in November 2013, when a former junior colleague accused Tejpal sexually assaulted her inside a hotel elevator during Tehelka’s annual ThinkFest in Goa. A Goa sessions court acquitted him in 2021, following which state government moved the Bombay High Court, contending that the trial court had wrongly assessed the complainant’s conduct by relying on stereotypes about how a survivor of sexual assault should behave.
