Tarun Tejpal Rape Case: Goa Government Moves Supreme Court Seeking Harsher Sentence

The move comes days after the Goa Bench of the Bombay High Court convicted Tejpal and sentenced him to 10 years in prison on August 6, overturning his acquittal by the trial court in 2021.

The High Court had also directed the 63-year-old journalist to surrender before the Goa Police within four weeks.

The case dates back to November 2013, when a junior Tehelka employee accused Tejpal of sexually assaulting her inside a hotel elevator at a Goa resort during the magazine’s annual Thinkfest event.

Tejpal was prosecuted under various provisions of the Indian Penal Code, including provisions relating to rape and assault or criminal force against a woman.

The trial court had acquitted him in 2021. However, while overturning the acquittal, the High Court described the trial court's judgment as “perverse” and criticised its approach to assessing the complainant's testimony, particularly the expectation that a survivor should behave like a “perfect victim” to be considered credible.

High Court awarded 10-year sentence

Pronouncing the sentence after hearing both sides on the question of punishment, the Bench observed that the incident had taken place around 13 years ago, that Tejpal was now a senior citizen with a wife and two daughters, and that there had been no allegation of any misconduct by him after the acquittal.

"Both parties must have by now moved on in their lives," the Court had observed before proceeding to impose sentence.

Apart from the 10-year prison terms under Sections 376(2)(f) and 376(2)(k), the Court also sentenced Tejpal to:

• One year's rigorous imprisonment and a fine of ₹10,000 under Section 354 IPC;

• One year's rigorous imprisonment under Section 354A IPC;

• Three years' rigorous imprisonment and a fine of ₹10,000 under Section 354B IPC;

• Fine of ₹500 each under Sections 341 and 342 IPC, with default sentences.

Court had directed that all sentences would run concurrently. It further ordered that the entire fine deposited by Tejpal be paid to the survivor and directed the Police Inspector, CID Crime Branch, North Goa, to file a compliance report regarding deposit of the fine within three months.

Accepting Tejpal's request for time to approach the Supreme Court, the Bench granted him two weeks to surrender, directing that his existing bail bonds would continue till then or until he is arrested.

Tejpal Sought Leniency

Before the sentence was pronounced, senior advocate Aabad Ponda, appearing for Tejpal, urged the Court to adopt a lenient approach.

He submitted that Tejpal had remained on bail throughout the proceedings without breaching any condition, was a senior citizen with a good social record, and had never travelled abroad as his passport remained with the authorities.

Ponda argued that the minimum sentence be awarded, adding that Tejpal intended to challenge the conviction before the Supreme Court and therefore sought eight weeks' time to surrender.

Addressing the Court personally, Tejpal claimed that he was a "political victim" in the case, stating that he had presented all the facts before the Court. Referring to his family, including his wife and two daughters, he requested the Bench to take a lenient view while deciding the sentence.

Background

A complaint was filed against Tejpal for sexually assaulting his colleague in a hotel in Goa in November 2013.

Tejpal was charged with offences punishable under Sections 341 (wrongful restraint), 342 (wrongful confinement), 354 (assault or criminal force with intent to outrage modesty), 354-A (sexual harassment), 354-B (assault or use of criminal force to woman with intent to disrobe), 376(2)(f) (person in a position of authority over women committing rape) and 376(2)(k) (rape by a person in a position of control) of the IPC.

He was acquitted by the trial court in May 2021, following which the State of Goa challenged the acquittal before the Goa Bench of the Bombay High Court. On Thursday, the High Court allowed the State's appeal, convicted Tejpal and sentenced him to 10 years' rigorous imprisonment.