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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.

Mumbai: A Goa bench of the Bombay High Court on Thursday sentenced former Tehelka editor Tarun Tejpal to 10 years' imprisonment in a 2013 rape case. The High Court had earlier set aside his acquittal by a trial court and convicted him of rape and sexual harassment under the Indian Penal Code (IPC) on an appeal filed by the Goa government in 2022. The case relates to allegations by a former junior colleague that Tejpal sexually assaulted her in a hotel elevator during an event in Goa in 2013. Following his conviction, Tejpal sought leniency, claiming he considered himself a “victim of politics”.

Tejpal, Editor-in-Chief and owner of Tehelka magazine, allegedly sexually assaulted the victim — a Principal Correspondent under his employment — during the company’s ‘THiNK Fest 2013’ at the Grand Hyatt in Goa. While she was chaperoning Chief Guest Robert De Niro, Tejpal twice ordered her into an elevator on November 7 and 8, 2013, under pretexts of visiting Mr De Niro’s hotel room. On both occasions, he sexually assaulted her inside the hotel lift, manipulating the controls to keep doors closed and ignoring her pleas to stop. He subsequently sent her an inappropriate text message reading “the finger tips” following the first incident.

In 2021, the Additional Sessions Judge at Mapusa acquitted Tejpal due to a lack of evidence. However, the Goa bench of the Bombay High Court overturned this decision and found Tarun Tejpal guilty. Now, he has been sentenced to 10 years of imprisonment in this case.

A division bench of Justices Neela Gokhale and Amit Jamsandekar also imposed a fine of more than Rs 10 lakh on Tejpal.

“Sexual harassment at work causes significant and enduring harm to women’s career paths, punishing them for factors outside their control. Additionally, a widespread culture of victim blaming and institutional resistance isolates survivors, prompting them to switch jobs or accept demotions. An insensitive and unresponsive work environment often instills fear in women about venturing out of their homes to pursue meaningful opportunities, thereby preventing them from fully utilizing their talents and skills. The victim in the present matter also suffered similar consequences. She was compelled to resign. She also suffered profound embarrassment during trial,” the high court said in its judgment.

The court also took into account the mitigating factors before handing down the 10-year-jail sentence. “The incident took place 13 years ago. The Respondent is a senior citizen with a family of his wife and two daughters. There is no report of any misconduct by the Respondent or an allegation of having committed any offence post the acquittal order. Both parties must have by now moved on with their lives,” it said.

Speaking in the court before his sentencing, Tejpal claimed to be a victim in the case. “All I can say is I am 62. I believe I am a political victim, I am a father of two daughters. I have a wife. All we can say is we will go up and appeal. My lawyer wants me to request you to be lenient.”

Later he compared his situation with that of Umar Khalid and Sharjeel Imam, who are in jail in the 2020 Delhi riots case. “They are after me due to a political vendetta over work done by Tehelka. We fought the case for 7.5 years in the trial court and got acquitted. Those with them are acquitted, but they are after those who wrote against them. Umar Khalid, Sharjeel Imam are in jail for the last so many years. Surendra Gadling, arrested in connection with Bhima Koregaon case, is in jail. I am also one of them. Tehelka's reportage might have caused some political damage or harmed their vested interests,” Tejpal said.

The court has given two weeks to Tejpal to surrender before the jail authorities. The entire amount of fine deposited by Tejpal shall be given to the victim, the court ordered.

( Source : Deccan Chronicle )
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