The Bombay High Court on Thursday convicted Tehelka founder and former editor Tarun Tejpal in the 2013 rape case filed by a former colleague, set aside the Goa sessions court's 2021 acquittal order and sentenced him to 10 years' rigorous imprisonment.
The court also imposed a fine of Rs 10.21 lakh, directing that the entire amount be paid to the survivor, and, on his lawyer's request, extended Tejpal's surrender period from two weeks to four weeks.
A division bench of Justices Neela Gokhale and Amit Jamsandekar of the High Court's Goa bench convicted Tejpal under Sections 376(2)(f), 354A and 354B of the Indian Penal Code.
"We set aside the trial court order of acquittal. The respondent (Tejpal) stands convicted," the bench said.
While imposing the minimum sentence prescribed under law, the court noted that the incident had occurred 13 years ago and that Tejpal had not committed any other offence since then. "Both parties (victim and Tejpal) may have moved on in life now," it observed.
Sections under which Tejpal was convicted
Section 376(2)(f): Applies when a person in a position of trust, authority or a guardian/relative commits rape. The court sentenced Tejpal to 10 years' rigorous imprisonment under this provision.
Section 354A: Pertains to sexual harassment and covers unwelcome physical contact, demands for sexual favours, showing pornography without consent and making sexually coloured remarks. The court awarded one year's rigorous imprisonment under this section.
Section 354B: Penalises assault or use of criminal force against a woman with the intent to disrobe her or compel her to be naked. The court sentenced Tejpal to three years' rigorous imprisonment under this provision.
The High Court directed that all three sentences would run concurrently.
Tejpal to challenge verdict in Supreme Court
Reacting to the sentencing, Tejpal said, "We are very much disappointed with the verdict."
Tejpal, who was present in court, sought leniency while pleading for a lighter sentence. He described himself as a "political victim" and said he was the father of two daughters.
"I am 62 years old today. I am a father of two daughters. I have a wife. I am a political victim. My lawyers have also asked me to urge the court to show leniency," Tejpal said.
His counsel, Aabad Ponda, sought the minimum punishment prescribed under law and urged the court to suspend the sentence and conviction for at least 10 weeks to enable Tejpal to approach the Supreme Court.
Ponda argued that Tejpal had remained on bail throughout the trial and had not violated any of the conditions imposed by the court. He also pointed out that Tejpal was a senior citizen.
"He has been on bail since trial and has not ever violated any of the conditions imposed on him. He is a senior citizen," Ponda said.
Solicitor General Tushar Mehta, appearing for the Goa government, sought the maximum punishment, arguing that a stringent sentence was required to send a strong message that "no means no".
Mehta said Tejpal deserved the maximum punishment of life imprisonment, alleging that he had shown a "brazen" attitude towards the complainant and had expressed no remorse.
"The convict was in a position of dominance over the victim. The victim was not just a colleague but also a friend of his daughter. The convict has shown no remorse," Mehta told the court.
He argued that the offence was aggravated by Tejpal's position of authority and his conduct during and after the alleged incident, including questioning the complainant's behaviour after the assault.
During the hearing of the state's appeal, Mehta had argued that the trial court erred in assessing the complainant's conduct based on assumptions about how a survivor of sexual assault should behave.
"There is no universal standard governing the reaction of a survivor, as responses differ depending on an individual's education, personality, social background and circumstances," Mehta had argued.
"The punishment should commensurate with the act. It is high time to send a clear message that no means no. That deterrent message needs to be sent out," Mehta said.
After the verdict, Tejpal said he would challenge the High Court order before the Supreme Court.
"We will be appealing against this order. We feel the order is wrong. We will be moving to the Supreme Court against the order," he told reporters.
The case dates back to November 2013, when a former junior colleague accused Tejpal of sexually assaulting her inside a hotel elevator during Tehelka magazine's ThinkFest event in Goa.
Tejpal was acquitted by the Goa sessions court in 2021, following which the Goa government challenged the verdict before the Bombay High Court.
(With inputs from PTI and ANI)