Guwahati: The Goa Bench of the Bombay High Court on Thursday, August 6, overturned the acquittal of former Tehelka editor-in-chief Tarun Tejpal in a 2013 rape case and convicted him of rape and sexual harassment charges filed by a junior colleague.
A division bench comprising Justice Dr Neela Gokhale and Justice Amit Jamsandekar allowed the appeal filed by the Goa government against the 2021 judgment of the Mapusa Sessions Court, which had acquitted Tejpal of all charges.
The High Court found Tejpal guilty under Sections 376(2)(f) and 376(2)(k) of the Indian Penal Code, along with Sections 354A and 354B related to sexual harassment and assault.
The court will hear arguments on the quantum of sentence separately. During the hearing, Tejpal’s counsel, Senior Advocate Aabad Ponda, sought leniency, citing the age of the case and stating that no other criminal case had been registered against him.
Ponda also requested the court to suspend the conviction order for eight weeks to allow Tejpal to approach the Supreme Court, as the High Court verdict reversed an earlier acquittal.
Tejpal, who was present in court during the pronouncement, also sought leniency from the bench. He told the court that he was 62 years old and requested consideration while deciding the sentence.
Opposing the plea, Solicitor General of India Tushar Mehta, appearing for the Goa government, argued that the seriousness of the offence required a strong message. He said the victim was of an age comparable to Tejpal’s daughter and stressed that consent must be respected.
The High Court verdict came in an appeal filed by the Goa government through the State CID, challenging the Sessions Court’s May 2021 acquittal order.
During the appeal proceedings, the state argued that the trial court had focused excessively on the victim’s conduct after the incident rather than examining the allegations against Tejpal. It also pointed to electronic evidence, including an apology email sent by Tejpal after the complaint was made.
In November 2013, the victim, a junior colleague at Tehelka, had complained to the magazine’s then managing editor Shoma Chaudhury, alleging sexual assault during an event in Goa.
Following the complaint, Tejpal sent an email apologising for what he described as a “lapse of judgement”. The victim later demanded an internal inquiry under the Vishakha guidelines for workplace sexual harassment.
Goa Police registered a case after taking suo motu cognisance of the allegations and arrested Tejpal on November 30, 2013. The Crime Branch later filed a charge sheet running into thousands of pages.
The trial was conducted in-camera after the Sessions Court allowed Tejpal’s request in 2017 to protect the privacy of both parties. The prosecution examined several witnesses and relied on the victim’s statement, witness accounts and electronic evidence, including CCTV footage, emails and messages.
In May 2021, the Mapusa Sessions Court acquitted Tejpal, citing lack of corroborative evidence and inconsistencies in the prosecution’s case. The Goa government subsequently challenged the order before the High Court.
The matter has now been listed for hearing on the sentence, with the detailed High Court judgment expected to be released later.