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The Goa government has moved the Supreme Court seeking life imprisonment for former Tehelka editor Tarun Tejpal, challenging his 10-year sentence in the 2013 rape case.
The Goa government has approached the Supreme Court seeking life imprisonment for former Tehelka editor Tarun Tejpal, challenging the 10-year rigorous imprisonment awarded to him in the 2013 rape case. The Goa Bench of the Bombay High Court had convicted Tarun Tejpal on August 6 and sentenced him to 10 years in prison in a 2013 rape case, overturning a previous judgement that acquitted him in 2021. The Goa government's plea argues that the 10-year sentence is "grossly disproportionate to the nature and gravity of the offences".
The Bombay High Court had imposed the minimum sentence prescribed for rape, considering that the incident had already passed 13 years and Tejpal had no previous criminal record. The Bombay High Court sentenced him to 10 years of rigorous imprisonment and imposed a fine of more than ₹10 lakh.
"Both parties (the victim and Tejpal) may have moved on in life," the court said. The bench of Justices Neela Gokhale and Amit Jamsandekar of the HC's Goa bench initially said that Tejpal must surrender within two weeks, but as his lawyers sought more time, the High Court directed the 63-year-old journalist to surrender before the Goa Police within four weeks.
Tarun Tejpal, then editor-in-chief of Tehelka, was accused of sexually assaulting a junior colleague in an elevator at a luxury hotel during an event organised by the Magazine in Goa. He was arrested in November 2013 and released on bail in July 2014.
The trial began in 2017 and lasted four years. The trial court acquitted him, citing shortcomings in evidence and the failure of the prosecution to produce crucial evidence, including CCTV footage. While the defence argued over the definition of the actions during the trial, the High Court's definitive ruling evaluated the evidence, including digital communication and timestamps, to establish that the acts legally constituted rape under the revised, expanded definitions of the law.
The Goa Government challenged the decision before the Bombay High Court. The Court reversed the judgment on August 6 and convicted Tejpal. In its 81-page judgment, it described the earlier acquittal as "perverse". It criticised the defence's questioning over the behaviour and personal life of the survivor. The judges said that it was surprising how the trial court "remained silent and allowed the defence to harass and humiliate her during the cross-examination". The court convicted Tejpal under Section 376, rape committed by a person in a position of trust or authority; rape committed by a person in a position of control or dominance; Section 354, sexual harassment and assault using criminal force with intent to disrobe; and Sections 341 and 342, wrongful restraint and wrongful confinement.
Tarun Tejpal has confirmed his intention to challenge his conviction in the Supreme Court. He maintains that he is innocent and a "political victim". The latest plea by the Goa Government means the Supreme Court will now consider the State's request to increase the sentence to a lifetime conviction alongside Tejpal's challenge to his conviction.