Team Goemkarponn
PANAJI: The Supreme Court has sought the response of the Goa government on former Tehelka editor-in-chief Tarun Tejpal’s challenge to the Bombay High Court verdict that overturned his acquittal and sentenced him to 10 years in prison in a 2013 rape case.
A bench of Justice M.M. Sundresh and Justice Prasanna B. Varale took up Tejpal’s petition. Senior Advocate Kapil Sibal, appearing for Tejpal, told the court that the matter involved an acquittal being reversed by the High Court and pointed out that his client had already surrendered.
Sibal also requested the bench to fix a date for hearing Tejpal’s plea seeking suspension of his sentence. The bench, while issuing notice to the State, said the request would be considered.
The Supreme Court proceedings follow an earlier direction requiring Tejpal to surrender before his appeal against the High Court verdict could be considered on merits. Justice Alok Aradhe had directed him to surrender within three weeks and submit a surrender certificate before September 22.
The Bombay High Court’s Goa bench of Justices Neela Gokhale and Amit Jamsandekar, in its August 6 judgment, set aside the trial court’s acquittal of Tejpal and found him guilty in the case. The court later imposed a 10-year rigorous imprisonment sentence.
While dealing with the trial court’s reasoning, the High Court took issue with the manner in which the survivor’s conduct following the alleged incident had been assessed. It said a survivor’s response to sexual violence cannot be measured against a fixed model of how a victim is expected to behave, noting that individuals can react to trauma differently.
Tejpal was convicted under provisions of the Indian Penal Code dealing with rape, sexual harassment and assault with intent to disrobe. The rape provision invoked in the case prescribed a minimum sentence of 10 years and allowed imprisonment for life.
The allegations date back to November 2013 and concern an incident involving a former colleague during a Tehelka event in Goa. Tejpal was acquitted by the trial court in 2021, but the Goa government subsequently challenged that decision before the High Court.
The Goa government has also moved the Supreme Court seeking an enhancement of Tejpal’s sentence to life imprisonment. Its plea seeks a change in the quantum of punishment and does not challenge the High Court’s finding that Tejpal was guilty.
