2013 rape case: Bombay HC sentences former Tehelka editor Tarun Tejpal to 10 years' rigorous imprisonment

The Bombay High Court HC on Thursday convicted former Tehelka editor Tarun Tejpal of raping a colleague in 2013 setting aside his acquittal by a Goa sessions court in 2021 and sentenced him to 10 years rigorous imprisonment news agency PTI reportedA division bench of Justices Neela Gokhale and Amit Jamsandekar of courtrsquos Goa bench initially directed Tejpal to surrender within two weeks However following a request by his lawyers the court extended the deadline to four weeksWhile awarding the minimum sentence prescribed under the law the bench observed that the incident had taken place 13 years ago and that Tejpal had not committed any other offence since thenBoth parties victim and Tejpal may have moved on in life now the court observedThe bench also imposed a fine of Rs 1021 lakh on Tejpal directing that the entire amount be paid to the survivorThe victim having suffered sexual assault would be handed over the entire fine amount the court saidTejpal seeks leniency HC overturns acquittal and convicts himDuring the sentencing hearing Tejpal sought leniency describing himself as a political victim and referring to his family circumstances Solicitor General Tushar Mehta appearing for the Goa government sought the maximum punishment arguing that a strong message needed to be sent that no means noWe set aside the trial court order of acquittal The respondent Tejpal stands convicted the bench saidTejpal later said he would challenge the HCrsquos verdict before the Supreme CourtHe was convicted under Sections 3762f rape by a person in a position of trust or authority 354a sexual harassment and 354b assault or use of criminal force with intent to disrobe a woman of the Indian Penal CodeThe court sentenced him to 10 years rigorous imprisonment under Section 3762f one year under Section 354a and three years under Section 354b All the sentences will run concurrentlyAddressing the court Tejpal pleaded for leniencyTejpal to challenge Bombay HC verdict in Supreme CourtI 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 he saidHis counsel Aabad Ponda urged the court to award the minimum sentence and sought suspension of both the sentence and conviction for at least 10 weeks to enable Tejpal to approach the Supreme CourtSpeaking to reporters later Tejpal reiterated that he would challenge the verdictWe will be appealing against this order We feel the order is wrong We will be moving to the Supreme Court against the order he saidThe case stems from allegations made by a former junior colleague who accused the veteran journalist of sexually assaulting her inside a hotel elevator during the ThinkFest event in Goa in November 2013After a Goa sessions court acquitted Tejpal in 2021 the state government challenged the verdict before the Bombay HCDefence seeks leniency Goa government pushes for maximum punishmentPonda argued that Tejpal had remained on bail throughout the trial and had complied with all the conditions imposed by the courtHe has been on bail since trial and has not ever violated any of the conditions imposed on him He is a senior citizen Ponda saidOpposing the plea for leniency Solicitor General Mehta argued that Tejpal deserved the maximum punishment of life imprisonment citing what he described as the convicts brazen attitude towards the survivor and his attempts to portray her conduct after the incident as normalThe convict Tejpal 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 submittedHe argued that Tejpal repeated the offence the following day and later questioned the survivors behaviour during the trial as well as before the HCThe punishment should commensurate the act It is high time to send a clear message that no means no That deterrent message needs to be sent out Mehta saidSolicitor General criticises trial courts approach to survivors conductDuring the hearing on the Goa governments appeal against the acquittal Mehta had argued that the sessions court committed a serious error by evaluating the complainants conduct based on preconceived notions of how a survivor of sexual assault should behaveThere is no universal standard governing the reaction of a survivor as responses vary depending on an individuals education personality social background and circumstances the Solicitor General had arguedWith PTI inputs