New Delhi: Tarun Tejpal, founder and former editor-in-chief of Tehelka magazine, was Thursday sentenced to 10 years’ rigorous imprisonment by the Bombay High Court for the rape, sexual harassment and sexual assault of a junior colleague in an elevator at a Goa event 13 years ago. Earlier in the day, the Goa bench of the High Court overturned his acquittal by a trial court in 2021.
The bench, comprising Justices Neela Gokhale and Amit Jamsandekar, convicted Tejpal under Indian Penal Code Section 376(2)(f) (criminalising rape by a relative, guardian or teacher or a person in a position of trust or authority towards the woman) Section 354A (sexual harassment which could be physical contact and advances involving unwelcome and explicit sexual overtures or a demand or request for sexual favours), and Section 354B (assault or use of criminal force against a woman with the intent to disrobe her).
After the pronouncement, Tejpal—who was directed to be present in the court—pleaded not guilty before the judges, and declared that he would appeal against the judgement in a higher court of law. Maintaining that he is a political victim, Tejpal described himself as a 62-year-old, a husband and father of two daughters.
In 2021, a trial court in Goa had acquitted the journalist of all charges, observing that the complainant “did not demonstrate any kind of normative behavior” that a victim of sexual assault “might plausibly show”. However, the Goa government challenged this verdict.
Arrested in November 2013, Tejpal was granted bail by the Supreme Court in 2014, after having spent six months in jail.
In a 2,684-page chargesheet filed before the Goa fast-track court, the police said that Tarun Tejpal assaulted the woman twice, and that there was enough evidence to prove the charges. He was charged with various sections, including those pertaining to sexual harassment, wrongful restraint and wrongful confinement, and assault or criminal force with intent to outrage. Sections dealing with persons in position of authority over women, committing rape, and rape by person in position of control were also included.
Tarun Tejpal has told judges that false allegations have been made against him as part of “political vendetta” by the Bharatiya Janata Party government in Goa because of his criticism. Representing the Goa government at the high court, Solicitor General Tushar Mehta argued that the sessions court had committed a serious error by assessing the complainant’s conduct based on preconceived notions of how a victim of sexual assault should behave.
He also submitted that 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. Plus, he contended that the trial court gave undue importance to minor inconsistencies in the complainant’s statements instead of examining whether her core allegations remained consistent.
Referring extensively to an email sent by Tejpal to the complainant after the alleged incident, Mehta submitted that the accused had apologised for his “lapse of judgment”, expressed shame and stated that he believed the encounter had been consensual. These statements amounted to an admission that an encounter had taken place, the solicitor general said.
In his defence, Tejpal’s counsel advocate Ponda argued that the prosecution had misinterpreted Tejpal’s apology emails as admissions of a sexual encounter. None of the apology emails contained any admission of a consensual physical or sexual encounter and the references were only to a consensual verbal conversation of a sexual nature, the court was told.
He also questioned the complainant’s credibility, arguing that her conduct before and after the alleged incident, along with emails, WhatsApp messages and documentary records, contradicted the prosecution’s case.
The defence also argued that the complainant’s account of being confined inside a moving lift was inconsistent with expert evidence and surveillance footage. It is important to note that in June 2021, when the Bombay High Court issued notice on the state’s appeal against Tejpal’s acquittal, the court had said that the trial court judgement “appears to provide a manual on how rape victims should behave”.
This is an updated version of the report.
(Edited by Nardeep Singh Dahiya)
The Bombay High Court judges seem to have been carried away by #MeToo sentimental stuff and done grave injustice with Tejpal.
This was just another office affair – a powerful and well known boss and his junior colleague. Both got what they wanted out of this relationship.
Unfortunately, things turned bitter at some point and Indian laws are designed in such a way that a woman can misuse them quite easily to harass and intimidate a man. Add to it the charged atmosphere of the #MeToo days back in the day and it’s perfect recipe for a storm.
May the lady wrestlers get justice as well.
Poor Tarun Tejpal! One cannot but feel deeply for him.
It was just a simple case of an office affair gone wrong. Quite common nowadays. But the ‘complainant’ got carried away in the vibes of the #MeToo movement and decided to target him.
Over the years, he has made many enemies – successful men/women usually have their fair share of rivals. These elements pounced on this case and made it a talking point for media and social media destroying Tejpal’s personal reputation and professional career.
The defence counsel’s point on the complainant’s credibility vis-a-vis the emails, WhatsApp messages and documentary records – was an important one. Unfortunately though, it seems that the judges had made up their mind right at the very beginning, going by their idiotic remarks on the trial court judgement.
One gets reminded of Kay Kay Menon and Kangana Ranaut’s superbly acted scenes from Life In A Metro.