The Bombay High Court on Thursday set aside the acquittal of Tehelka’s former editor-in-chief, Tarun Tejpal, in the 2013 sexual assault case involving a junior colleague, convicted him of rape and other offences under the Indian Penal Code (IPC), and sentenced him to 10 years' rigorous imprisonment.
A division bench of justice Neela Gokhale and justice Amit Jamsandekar allowed the Goa government's appeal against the May 2021 judgement of the Mapusa sessions court which had acquitted Mr Tejpal of all charges.
While pronouncing the conviction earlier in the day, the bench said, "We have set aside the judgment and order and convicted Tejpal. We have convicted him under Sections 376(2)(f) and (k), 354A and 354B of the IPC."
Later, after hearing both sides on the question of sentence, the High Court sentenced Mr Tejpal to 10 years' rigorous imprisonment and imposed a fine of more than ₹10 lakh.
Explaining its decision on sentencing, the bench said the gravity of the offence was compounded by the conduct of the accused.
"The Court should consider the fact that there was no remorse and offence was repeated despite a no from the victim," the bench observed.
At the same time, the judges noted certain mitigating circumstances before deciding the quantum of sentence.
"The incident took place 13 years ago. There is no report of misconduct or allegation. Both parties must have moved on in life," the Court said.
The High Court granted Mr Tejpal two weeks to surrender before the jail authorities.
The conviction followed the Goa government's challenge to the 2021 acquittal, arguing that the trial court had misdirected itself while evaluating the evidence.
Appearing for the state, solicitor general Tushar Mehta argued that the sessions court had concentrated on the complainant's personal life, conduct after the alleged incident and private communications instead of examining the conduct of the accused and the evidence on record.
The prosecution also contended that the trial court had overlooked significant material, including an apology email allegedly sent by Mr Tejpal after the complainant raised the allegations.
According to the state, the acquittal was based on an erroneous appreciation of the evidence and legally impermissible considerations.
Senior counsel Aabad Ponda, appearing for Mr Tejpal, defended the acquittal, contending that it rested on an objective assessment of the evidence, including CCTV footage, text messages and expert evidence.
The defence argued that the complainant's version was inconsistent with the electronic evidence and the mechanics of the lift where the incident allegedly occurred. It also maintained that the prosecution had failed to establish that any sexual assault had taken place.
Mr Tejpal's defence consistently denied the allegations and argued that the prosecution had not proved its case beyond a reasonable doubt.
The prosecution arose from allegations made by a junior colleague that Mr Tejpal sexually assaulted her inside the lift of a luxury hotel in Goa during the Tehelka 'Think' festival in November 2013.
Following the allegations, the Goa police registered a first information report (FIR) against him for offences including rape. Mr Tejpal was arrested in November 2013 after his anticipatory bail plea was rejected, and he remained in custody until the Supreme Court granted him regular bail in July 2014.
The trial began in 2017 and was conducted in camera. The prosecution examined 71 witnesses and relied on witness testimony, CCTV footage, emails and WhatsApp messages.
In May 2021, additional sessions judge Kshama Joshi acquitted Mr Tejpal, holding that the prosecution had failed to establish the charges beyond a reasonable doubt. The trial court also referred to shortcomings in the investigation, including the alleged failure to produce certain evidence.
The Goa government subsequently challenged the acquittal before the Bombay High Court.
Thursday's judgement marks a significant development in one of India's most closely watched criminal cases involving allegations of workplace sexual assault against a prominent media figure.
With the High Court setting aside the acquittal, recording convictions under multiple IPC provisions and imposing a 10-year prison sentence, the case has reached a decisive stage more than 13 years after the alleged incident.
1. Will any action, even re-training, be undertaken for the Goa judge in the Tejpal case? Sadly no. I would like to believe that antediluvian attitudes were behind these absurd and ridicule-worthy judgements - because the alternative explanation is far worse.
2. The rape was in 2013. It took 4 years for the trial to start in 2017. It took another 4 years for the judgment to be delivered in 2021. It was 2026 (13 years after the rape) hat the High Court restored some sense to the proceedings.
What kind of justice is this?