In a major setback for former Tehelka editor-in-chief Tarun Tejpal, the Goa bench of the Bombay High Court on Thursday convicted him in the 2013 rape case filed by a former junior colleague.
The High Court overturned the 2021 verdict of a Goa sessions court that had acquitted Tejpal of all charges. The Goa government had challenged the acquittal before the High Court.
A division bench comprising Justices Neela Gokhale and Amit Borkar Jamsandekar delivered the judgment after hearing detailed arguments from both sides.
Solicitor General of India Tushar Mehta represented the Goa government, while senior advocate Abad Ponda appeared for Tejpal.
The case relates to allegations that Tejpal sexually assaulted his junior colleague inside an elevator at a hotel in Goa during the ThinkFest event in November 2013.
The trial began before a sessions court in Mapusa in 2017. Tejpal was acquitted in May 2021, following which the Goa government filed an appeal before the High Court.
During the appeal hearing, Mehta argued that the trial court had made a serious error by judging the complainant’s conduct according to preconceived ideas about how a survivor of sexual assault should behave.
In its acquittal judgment, the trial court had observed that the complainant had not displayed the kind of “normative behaviour” that a sexual assault survivor might be expected to show.
The Goa government argued that there could be no universal standard for how a survivor should react, as responses differ depending on a person’s background, personality and circumstances.
Following the conviction, Mehta sought Tejpal’s immediate arrest and urged the court to send a strong message that a woman’s refusal must always be respected.
He argued that Tejpal occupied a position of trust and authority over the complainant and continued his advances despite her refusal.
Addressing the court, Tejpal sought leniency and requested time to challenge the conviction before a higher court.
He referred to his age and family circumstances and maintained that he believed he had been wrongly convicted.
The High Court was expected to pronounce its decision on the sentence later in the day.
