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Bombay HC Convicts Tarun Tejpal in 2013 Rape Case, Overturns Acquittal

High Court allows Goa government's appeal, sets aside 2021 trial court verdict; sentencing to be heard separately.

The Bombay High Court on Thursday convicted former Tehelka editor-in-chief Tarun Tejpal in the 2013 rape case involving a former junior colleague, overturning a 2021 trial court judgment that had acquitted him. The verdict came after the Goa government successfully challenged the acquittal before the High Court.

A division bench of Justices Neela Gokhale and Amit Jamsandekar of the High Court's Goa bench set aside the order passed by the Sessions Court in Mapusa, Goa, holding Tejpal guilty under Sections 376(2)(f), 354(a) and 354(b) of the Indian Penal Code.

The conviction under Section 376(2)(f), which relates to rape committed by a person in a position of trust or authority, carries a minimum punishment of 10 years' imprisonment, which may extend to life imprisonment. The court said it would pronounce the sentence later in the day after hearing arguments from both sides.

Appearing for the Goa government, Solicitor General Tushar Mehta urged the court to impose the maximum punishment, arguing that it would send a strong message that "no means no." Tejpal's counsel, senior advocate Aabad Ponda, sought the minimum sentence. Tejpal, who was present in court, pleaded for leniency, claiming he was a "political victim" and highlighting that he is the father of two daughters.

The case dates back to November 2013, when a former junior woman colleague accused Tejpal of sexually assaulting her inside the elevator of a luxury hotel during the Tehelka ThinkFest event in Goa. Tejpal consistently denied the allegations throughout the investigation and trial.

In May 2021, the Sessions Court in Mapusa acquitted Tejpal, prompting the Goa government to file an appeal before the Bombay High Court. The state argued that the trial court had misread the evidence, relied on stereotypes regarding the conduct of sexual assault survivors and failed to properly appreciate the prosecution's case.

During the appeal proceedings, the prosecution also argued that an apology email sent by Tejpal following the incident amounted to an admission regarding the sexual encounter. The defence, however, maintained that the email had been written under institutional pressure and could not be treated as a confession.

After hearing detailed submissions from both sides, the High Court reserved its verdict on July 30 and directed Tejpal to remain personally present when the judgment was delivered.

With Thursday's ruling, the High Court has reversed the trial court's acquittal and convicted Tejpal, marking a significant development in one of India's most high-profile sexual assault cases. The court is expected to pronounce the quantum of sentence after hearing final submissions from the prosecution and defence.


( Source : Deccan Chronicle )
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