NEW DELHI: The Goa government on Tuesday moved the Supreme Court by filing an appeal before it and sought enhancement of the 10-year jail sentence handed down to Tehelka founder Tarun Tejpal in the 2013 sexual assault case.
On August 6, the Bombay High Court had convicted Tejpal of rape and sentenced him to rigorous imprisonment for 10 years, overturning the trial court order which had acquittet the former Tehelka editor five years ago.
In its petition filed before the apex court, the Goa government said the sentence was "grossly disproportionate to the nature and gravity of the offences" committed by Tejpal.
The state govt has urged the Supreme Court to increase the punishment, arguing that justice demands a stricter term for the serious offence.
"The sentence imposed by the High Court is grossly disproportionate to the nature and gravity of the offences committed by the Respondent (Tarun Tejpal). He was the employer of the victim and was also a friend of her father. He misused his position of authority and trust to commit the offences punishable under Sections 376(2)(f) (Rape), 354 (Outraging the modesty of a girl) and others of the Indian Penal Code (IPC), while the victim was performing her duties at an event organised by the him in his capacity as her employer.
The Goa govt further added that the High Court, inter alia, relied upon the fact that 13 years had elapsed since the commission of the offences and that both the victim and Tejpal had moved on with their lives. While imposing the minimum sentence and directing the sentences to run concurrently, such reasoning is untenable. The passage of time cannot operate to the benefit of the offender or become a premium for the delay in the administration of justice, particularly at the cost of the victim.
"The sentence imposed is further disproportionate in view of the HC's own finding that the victim was subjected to nearly 1,000 pages of invasive cross-examination, during which the defence sought to harass and humiliate her and portray her as a woman of loose morals.
These circumstances underscore the gravity of the offence and the trauma suffered by the victim, and warranted a sentence commensurate with the nature and seriousness of the crimes committed," the appeal of Goa govt highlited.
Stressing that the sentence imposed is manifestly inadequate, the Goa govt stated that the sentence imposed does not adequately reflect the gravity of the offences or the aggravating circumstances found proved by the HC.
"The Respondent (Tejpal) was not a stranger to the victim. He was her employer, mentor and a friend of her father, and was also the father of the victim's close friend. The HC itself found that the Respondent occupied a position of dominance, control, trust and authority, over the victim," it said.
The convict, Tejpal, was not merely the victim's superior at the workplace. The HC has recorded that he was also her mentor and a friend of her father, while his daughter was a close friend of the victim. The HC has expressly held that the Respondent was in a position of "dominance, control, trust and authority" over the victim, the plea added.