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Conviction Overturned Acquittal
The Bombay High Court’s Goa bench convicted journalist Tarun Tejpal on Thursday, setting aside a May 21, 2021 acquittal by a Goa sessions court in a 2013 sexual assault case tied to an elevator at a luxury hotel in Goa.
“We have set aside the judgment and order and convicted Tejpal”
The division bench comprising Justices Neela Gokhale and Amit Jamsandekar said, "We have set aside the judgment and order and convicted Tejpal," and it convicted him under sections 376(2)(f) and (k), 354A and 354B of the Indian Penal Code.
Tejpal, who was 62, urged the court for leniency ahead of sentencing, saying, "I'm 62, and I believe I'm a political victim," as the case dates back to November 2013 when Goa Police registered an FIR after allegations he sexually assaulted a junior colleague in an elevator during a work event.
The News Minute reported that the Goa Bench convicted him on Thursday, August 6, for sexually assaulting a junior colleague in 2013, reversing the 2021 acquittal, and said the High Court found him guilty of rape and sexual harassment under Sections 376(2)(f), 376(2)(k), 354A and 354B.
BBC also said the Goa bench found Tejpal guilty of raping a former colleague and overturning his 2021 acquittal, with sentencing later on Thursday and the verdict based on sections of Indian law pertaining to rape and sexual harassment.
Leniency Plea vs State
As the High Court moved toward sentencing, Tejpal pleaded for leniency by telling the court, "I am 62, and I believe I am a victim," and he added that he has a wife and that "we can go and appeal."
Solicitor General Tushar Mehta opposed leniency, arguing for a strong message from the judiciary, saying, "This court must give out a clear message to society that when a girl says no, it means no. A no means a no," as he represented the State.
The News Minute said the prosecution’s case was that the sessions court’s acquittal was criticized for sexist language and scrutiny of the survivor’s “behaviour,” and it described the High Court as posting the matter for hearing on the quantum of sentence.
WION reported that the quantum of punishment would be pronounced at 2.30 pm and said Mehta argued that Tejpal was a father figure who should not have indulged, while the defence lawyer Aabad Ponda rejected the prosecution’s reading of apology emails.
Scroll.in added that the state alleged the trial court’s verdict was prejudiced and focused on the complainant’s character and post-incident behaviour, while Tejpal’s counsel argued the complainant’s account was inconsistent with evidence such as security camera footage and how the elevator worked.
Sentence, Appeal, and Impact
The BBC reported that Tejpal faces a minimum punishment of 10 years in jail and a maximum of life imprisonment, and it said he will be sentenced later on Thursday after the Goa bench’s conviction.
“This means Tejpal faces a minimum punishment of 10 years in jail and a maximum of life imprisonment”
WION said the quantum of punishment would be pronounced at 2.30 pm, and it also described Tejpal’s counsel seeking leniency and arguing that the offence is at least 13 years old, while requesting the court to be lenient and allow an appeal.
The Federal reported that Tejpal’s counsel, senior advocate Aabad Ponda, urged the bench to show leniency considering the fact that the offence is at least 13 years old and prayed for a stay on the conviction order for at least eight weeks to enable Tejpal to file and appeal in the Supreme Court.
BBC also said Tejpal can appeal against the verdict in a higher court, and it described his earlier denials including his claim that the case was part of a "political vendetta" by the Bharatiya Janata Party (BJP) government in Goa.
The Economic Times said the verdict came on the Goa government’s appeal against the 2021 acquittal, and it stated that the bench said it would pronounce its order on sentencing in the afternoon, with the case relating to allegations that Tejpal sexually assaulted a junior colleague inside a hotel elevator during the 'ThinkFest' event in Goa in November 2013.
