Daijiworld Media Network – Mumbai
Mumbai, Aug 6: The Bombay High Court on Thursday convicted former Tehelka editor Tarun Tejpal in the 2013 Goa sexual assault case, overturning the trial court's earlier acquittal order.
A division bench comprising Justice Dr Neela Gokhale and Justice Amit Jamsandekar set aside the 2021 verdict of the Goa sessions court, which had acquitted Tejpal on the benefit of doubt.
Pronouncing the judgment, the bench said, "We have set aside the judgment of the trial court," and convicted Tejpal under relevant provisions of the Indian Penal Code, including Sections 376(2)(f), 376(2)(k), 354A and 354B.
Following the conviction, the court directed Tejpal's legal team to make submissions regarding the quantum of punishment. Tejpal was present during the pronouncement of the verdict as directed by the court.
The judgment was delivered on an appeal filed by the Goa government challenging the sessions court order that had acquitted Tejpal in May 2021.
Representing the Goa government, Solicitor General Tushar Mehta argued that the trial court had erred in assessing the survivor's conduct based on preconceived notions about how a sexual assault survivor should respond.
Mehta told the court that there cannot be a fixed pattern of behaviour expected from survivors, as reactions vary depending on individual circumstances, background and personal experiences.
The prosecution relied on emails exchanged between Tejpal and the complainant after the alleged incident, claiming they contained expressions of apology, regret and references to a "lapse of judgment".
The defence, led by senior advocate Abad Ponda, disputed the prosecution's interpretation and argued that the emails did not amount to an admission of any sexual assault.
The defence also questioned the complainant's statements and referred to emails, WhatsApp messages, documentary evidence, CCTV footage and expert opinions during its arguments.
The case dates back to November 2013, when a former junior colleague accused Tejpal of sexually assaulting her inside a hotel elevator during the ThinkFest event in Goa. A criminal case was subsequently registered against the former editor.
With Thursday's verdict, the High Court has reversed the earlier acquittal and found Tejpal guilty in the case.