Tarun Tejpal Convicted In 2013 Rape Case As Bombay High Court Overturns Acquittal

The Bombay High Court on Thursday found former Tehelka editor-in-chief Tarun Tejpal guilty in the 2013 rape case involving a former junior colleague, setting aside his acquittal by a Goa sessions court.

The ruling came nearly 13 years after the alleged assault at the ThinkFest event in Goa. Tejpal was accused of sexually assaulting the complainant inside the elevator of a hotel where the event was being held.

The High Court had reserved its verdict last week after concluding hearings in the appeal filed by the Goa government. Arguments over the quantum of punishment are underway, with the sentencing order expected to be pronounced at around 2.30 pm.

A Goa trial court had acquitted Tejpal of all charges in May 2021, prompting the state government to challenge the decision before the Bombay High Court’s Goa bench.

The appeal was heard by a division bench comprising Justices Dr Neela Gokhale and Amit Jamsandekar. The court had directed Tejpal to remain present during the pronouncement of the judgment.

Appearing for the Goa government, Solicitor General Tushar Mehta argued that the trial court had made a serious error by assessing the complainant’s conduct through preconceived notions about how a survivor of sexual assault was expected to behave.

Mehta told the court that there could be no universal standard for evaluating the response of a sexual assault survivor. Such reactions, he argued, may differ depending on a person’s education, personality, social background and the circumstances surrounding the incident.

Tejpal, who was present in court, sought leniency and claimed that he was a “political victim”. He also submitted that he was the father of two daughters.

The prosecution further argued that the sessions court had given excessive importance to minor discrepancies in the complainant’s statements, instead of examining whether the central allegations made by her had remained consistent.

Referring to an email sent by Tejpal to the complainant after the alleged incident, Mehta said the accused had apologised for his “lapse of judgment”, expressed shame and stated that he believed the encounter had been consensual.

According to the prosecution, these statements amounted to an acknowledgement that an encounter had taken place between Tejpal and the complainant.

The defence, represented by senior advocate Abad Ponda, disputed this interpretation and argued that the prosecution had incorrectly treated the apology emails as admissions of a sexual encounter.

Ponda maintained that none of the emails contained an admission of a consensual physical or sexual encounter. He argued that the references in the correspondence related only to a consensual verbal conversation of a sexual nature.

The defence also challenged the complainant’s credibility, contending that her conduct before and after the alleged incident, along with emails, WhatsApp messages and other documentary evidence, was inconsistent with the prosecution’s version of events.

By convicting Tejpal, the High Court has now overturned the trial court’s 2021 acquittal. The final sentence will be decided after the court completes the hearing on the quantum of punishment.