Ex-Tehelka editor Tarun Tejpal's acquittal in rape case reversed, sentenced to 10 years' rigorous imprisonment (Lead)

Mumbai, Aug 6 (AHN) The Bombay High Court on Thursday sentenced former Tehelka editor Tarun Tejpal to 10 years' rigorous imprisonment in the 2013 sexual assault case involving a junior colleague, hours after setting aside his acquittal and convicting him of rape and other offences under the Indian Penal Code (IPC).

A division bench of Justices Neela Gokhale and Amit Jamsandekar announced the sentence and granted Tejpal two weeks' time to surrender before the jail authorities.

Earlier in the day, the Justice Gokhale-led Bench had allowed the appeal filed by the Goa government against the May 2021 judgment of a sessions court in Mapusa, which had acquitted Tejpal of all charges.

Pronouncing the verdict, the Bombay High Court convicted Tejpal under Sections 376(2)(f) and 376(2)(k) (rape), 354A (sexual harassment) and 354B (assault or use of criminal force against a woman with intent to disrobe) of the IPC. It had then posted the sentencing for later in the day.

During the hearing on the question of sentence, Tejpal's counsel sought suspension of the conviction for eight weeks to enable him to approach the Supreme Court, submitting that the verdict had reversed an acquittal and highlighting that there was no other criminal case against him.

Addressing the Justice Gokhale-led Bench, Tejpal also pleaded for leniency, stating that he believed himself to be a victim and requested the High Court to take a compassionate view while deciding the sentence.

Opposing the plea, Solicitor General Tushar Mehta argued that the case required a strong message against sexual violence, contending that "when a girl says no, it means no".

The case stems from allegations made by a junior colleague that Tejpal sexually assaulted her inside an elevator of a luxury hotel in Goa during an event in November 2013.

The Goa Police registered an FIR against Tejpal for offences including rape, following which he was arrested in November 2013 after a local court rejected his anticipatory bail plea.

He was granted regular bail by the Supreme Court in July 2014.

In May 2021, Additional Sessions Judge Kshama Joshi acquitted Tejpal, holding that the prosecution had failed to prove its case beyond reasonable doubt and citing alleged lapses in the investigation, including failure to produce certain evidence such as CCTV footage.

The Goa government challenged the acquittal before the Bombay High Court, contending that the trial court had erred in appreciating the evidence on record.

During the appeal hearing, the prosecution argued that the Sessions Court had focussed on the survivor's post-incident conduct and background instead of assessing the evidence against the accused. It also submitted that the trial court ignored material evidence, including an apology email allegedly sent by Tejpal after the complainant raised the allegations with the then Managing Editor of the publication.