The Bombay High Court on Thursday convicted Tehelka founder and former editor Tarun Tejpal in the 2013 rape case involving a former junior colleague, overturning his acquittal by a Goa sessions court and sentencing him to 10 years of rigorous imprisonment.
A division bench of Justices Neela Gokhale and Amit Jamsandekar of the High Court’s Goa bench set aside the 2021 acquittal and convicted Tejpal under Sections 376(2)(f), 354A and 354B of the Indian Penal Code.
“We set aside the trial court order of acquittal. The respondent (Tejpal) stands convicted,” the bench said.
The court also imposed a fine of ₹10.21 lakh and directed that the entire amount be paid to the survivor.
Tejpal was given four weeks to surrender after his counsel requested additional time. The court initially granted two weeks but subsequently extended the period.
Three Sentences to Run Concurrently
Under Section 376(2)(f), which concerns rape committed by a person occupying a position of trust or authority, the High Court sentenced Tejpal to 10 years’ rigorous imprisonment.
He was also sentenced to one year’s rigorous imprisonment under Section 354A, relating to sexual harassment, and three years’ rigorous imprisonment under Section 354B, which deals with assault or use of criminal force against a woman with the intent to disrobe her.
The High Court directed that all three sentences would run concurrently, meaning Tejpal will effectively serve a 10-year prison term, subject to any further orders from the Supreme Court.
While awarding the minimum sentence prescribed under the applicable provision, the bench took into account that the incident occurred around 13 years ago and that Tejpal had not committed another offence since then.
“Both parties (victim and Tejpal) may have moved on in life now,” the court observed.
Tejpal Says He Is ‘Political Victim’
Tejpal, who was present in court, sought leniency during the hearing and described himself as 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,” he said.
His counsel, senior advocate Aabad Ponda, sought the minimum punishment and requested suspension of the sentence and conviction for at least 10 weeks so Tejpal could approach the Supreme Court.
Ponda argued that Tejpal had remained on bail throughout the proceedings and had never violated the conditions imposed on him.
“He has been on bail since trial and has not ever violated any of the conditions imposed on him. He is a senior citizen,” Ponda submitted.
Goa Government Sought Maximum Punishment
Solicitor General Tushar Mehta, appearing for the Goa government, sought the maximum punishment and argued that a stringent sentence was necessary to reinforce the principle that “no means no”.
Mehta sought life imprisonment for Tejpal, arguing that the offence was aggravated by his position of authority over the complainant.
“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 also criticised the approach adopted by the trial court while assessing the complainant’s conduct following the alleged assault.
During arguments on the Goa government’s appeal, Mehta had contended that there could be no universal standard for how a survivor of sexual assault was expected to behave.
“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,” he had argued.
“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.
2021 Acquittal Overturned
The case dates back to November 2013, when a former junior colleague accused Tejpal of sexually assaulting her inside an elevator at a hotel during Tehelka magazine’s ThinkFest event in Goa.
Tejpal was subsequently prosecuted in the case but was acquitted by a Goa sessions court in May 2021.
The Goa government challenged the acquittal before the Bombay High Court, leading to Thursday’s judgment overturning the trial court’s verdict and convicting Tejpal.
Tejpal to Approach Supreme Court
Following the High Court verdict, Tejpal expressed disappointment and confirmed that he would challenge his conviction before the Supreme Court.
“We are very much disappointed with the verdict,” he said.
“We will be appealing against this order. We feel the order is wrong. We will be moving to the Supreme Court against the order,” Tejpal told reporters.
With the High Court granting him four weeks to surrender, Tejpal is expected to approach the Supreme Court seeking relief against his conviction and sentence.
