In a significant development in the 2013 sexual assault case involving former Tehelka editor-in-chief Tarun Tejpal, the Bombay High Court has overturned his acquittal and convicted him for rape.
A Division Bench of the High Court at Goa allowed the Goa government’s appeal against the 2021 judgment of the trial court, which had acquitted Tejpal of all charges arising out of allegations made by a former colleague during an event hosted at a luxury hotel in Goa in November 2013.
The prosecution case stemmed from a complaint filed by a journalist, who alleged that Tejpal sexually assaulted her inside the elevator of a hotel on two consecutive days while the two were attending the THINK Fest organised by Tehelka. The allegations led to the registration of an FIR by the Goa Police, followed by Tejpal’s arrest.
In May 2021, a sessions court in Goa acquitted Tejpal after holding that the prosecution had failed to establish his guilt beyond reasonable doubt. The trial court’s judgment, however, attracted widespread criticism, particularly for its assessment of the complainant’s conduct and its treatment of evidence. The Goa government subsequently challenged the acquittal before the Bombay High Court.
During the appellate proceedings, the State argued that the trial court had committed serious errors in appreciating the evidence, adopted an impermissible approach while evaluating the complainant’s testimony and recorded findings that were contrary to settled principles governing prosecutions for sexual offences. It also contended that the survivor had effectively been subjected to a trial herself through intrusive questioning and an unwarranted scrutiny of her conduct.
Tejpal’s defence, on the other hand, maintained that the trial court had correctly appreciated the evidence and argued that the complainant’s testimony contained material inconsistencies. The defence also questioned the reliability of the prosecution’s evidence and urged the High Court to uphold the acquittal.
After hearing extensive submissions from both sides over several days, the High Court reserved its verdict.
Pronouncing judgment on Thursday, the Division Bench set aside the acquittal and held Tejpal guilty of rape. The conviction marks a complete reversal of the trial court’s findings and allows the State’s appeal against the acquittal.
The High Court’s detailed judgment, setting out the reasons for reversing the acquittal and its evaluation of the evidence, is awaited. The question of sentence is expected to be taken up in accordance with law after the conviction.
The case has remained one of the country’s most closely watched criminal prosecutions involving allegations of workplace sexual assault, attracting sustained public and legal scrutiny since the complaint was first made in 2013.
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