Tarun Tejpal convicted as Bombay High Court reverses 2021 acquittal

The Bombay High Court on Thursday overturned the acquittal of former Tehelka editor Tarun Tejpal in the 2013 sexual assault case involving a junior colleague, convicting him of rape and other offences under the Indian Penal Code.

A Division Bench comprising justices Neela Gokhale and Amit Jamsandekar allowed an appeal filed by the Goa government against the May 2021 judgment of a sessions court in Mapusa, which had acquitted Tejpal of all charges.

Delivering the verdict, the Bench held Tejpal guilty under Sections 376(2)(f) and 376(2)(k) of the IPC relating to rape, as well as Sections 354A dealing with sexual harassment and 354B concerning assault or criminal force with intent to disrobe a woman.

The high court is scheduled to hear arguments on the quantum of sentence later on Thursday.

The case dates back to November 2013, when a junior colleague accused Tejpal of sexually assaulting her inside a lift at a luxury hotel in Goa during an event organised by the publication.

Following the complaint, the Goa Police registered a case against Tejpal on charges including rape. He was arrested later that month after a local court rejected his anticipatory bail application before being granted regular bail by the Supreme Court in July 2014.

In May 2021, additional sessions judge Kshama Joshi acquitted Tejpal, ruling that the prosecution had failed to establish the charges beyond reasonable doubt. The trial court also referred to alleged shortcomings in the investigation, including the non-production of certain evidence such as CCTV footage.

The Goa government challenged that verdict before the Bombay High Court, arguing that the trial court had misread the evidence and placed undue emphasis on the complainant's conduct after the alleged incident rather than examining the material against the accused.

The prosecution further contended that the sessions court overlooked significant evidence, including an email in which Tejpal allegedly apologised after the complainant reported the incident to the publication's then managing editor.

Following the conviction, Tejpal's counsel requested that the conviction be kept in abeyance for eight weeks to allow him to approach the Supreme Court. The defence argued that the High Court had reversed an acquittal and submitted that Tejpal had no other criminal cases against him.

Addressing the Bench, Tejpal sought leniency, stating that he considered himself a victim and appealed for a compassionate view while the sentence was being determined.

Opposing the request, solicitor general Tushar Mehta argued that the case demanded a firm response against sexual violence, telling the court that "when a girl says no, it means no."

The high court adjourned the matter until later in the day for arguments on sentencing. Its detailed judgment is awaited.

With IANS inputs