New Delhi: In a major setback for former Tehelka editor Tarun Tejpal, the Goa High Court on Thursday convicted him in the 2013 rape case filed by his former junior colleague.
The High Court set aside the 2021 acquittal granted by a trial court after the Goa government challenged the verdict.
The judgment was delivered by a Division Bench comprising Justices Dr Neela Gokhale and Amit Jamsandekar following detailed submissions from both sides.
Solicitor General Tushar Mehta appeared for the Goa government, while senior advocate Abad Ponda represented Tejpal.
Case dates back to 2013
The case stems from allegations made by a former junior colleague, who accused Tejpal of sexually assaulting her inside a hotel elevator during the ThinkFest event in Goa in November 2013.
The trial commenced in a Mapusa court in 2017, and Tejpal was acquitted in 2021. The Goa government subsequently appealed the acquittal before the High Court.
State challenged trial court's reasoning
During the appeal, Mehta argued that the trial court had committed a serious error by judging the complainant's conduct based on preconceived ideas of how a survivor of sexual assault should behave.
In its acquittal order, the trial court had observed that the complainant did not display the kind of "normative behaviour" that a survivor of sexual assault "might plausibly show."
Mehta contended that there is no universal standard for how survivors react, as responses vary depending on factors such as education, personality, social background and individual circumstances.
Prosecution seeks immediate arrest
Following the conviction, Mehta urged the court to order Tejpal's immediate arrest.
"Despite the victim being his daughter's age, he committed an offence. He was a father figure for the victim and should have not indulged into this (crime). A precedent must be set. Victim refused but he kept advancing. This court must give out a clear message to the society that when a girl says no, it means no," Mehta argued.
Tejpal seeks leniency
Addressing the court after the conviction, Tejpal sought leniency and requested time to challenge the verdict before a higher court.
"I am 62 and I believe I am a victim. I have a wife and there's not much else to say. All that I can say is we can go and appeal. Please be lenient for me. Rest all facts are placed on record," Tejpal told the court.
The High Court is scheduled to pronounce its order on sentencing at 2.30 pm.
(with NDTV inputs)