Bombay High Court overturns Tarun Tejpal acquittal in sexual assault case; convicts him for rape

The Bombay High Court on August 6 reversed the acquittal of former Tehelka editor Tarun Tejpal in the 2013 sexual assault case and declared him guilty. [State of Goa v. Tarunjit Tejpal & Anr]..A division bench of Justices Neela Gokhale and Amit Jamsandekar pronounced the verdict on the appeal filed by State of Goa in 2022."We have set aside the judgment and order and convicted Tejpal. We have convicted him under sections 376(2)(f) and (k), 354A, 354B of Indian Penal Code (IPC)," the Bench said.He was also convicted for offences under Section 354, 341 and 342 of IPC.Section 376(2)(f) criminalises rape by a relative, guardian or teacher or a person in a position of trust or authority towards the woman. Section 376(2)(k) criminalises rape by a man in a position of control or dominance over a woman.Section 341 criminalises wrongful restraint while Section 342 criminalises wrongful confinement.Section 354 criminalises assault or criminal force to woman with intent to outrage her modesty.Section 354A criminalises sexual harassment which could be physical contact and advances involving unwelcome and explicit sexual overtures or a demand or request for sexual favours.Section 354B criminalises assault or use of criminal force against a woman with the intent to disrobe her.The Court will hear the matter on sentencing of Tejpal later today..During the hearings, the State had alleged that the trial court’s judgment was perverse and coloured by prejudice. Tejpal maintained that the acquittal was based on a careful reading of the record, including CCTV footage, messages and expert evidence..The case dates back to 2013, when Tejpal was accused of sexually assaulting a junior colleague in an elevator of a high-end hotel in Goa.The Goa Police subsequently registered a First Information Report (FIR) against Tejpal for various offences including rape. He was arrested in November 2013 and later released on bail in July 2014. The trial against Tejpal commenced in 2017. The judgment was pronounced by additional sessions judge Kshama Joshi who acquitted Tejpal in May 2021.The judge reasoned that the investigating officer who probed the rape case committed several omissions and the prosecution failed to produce crucial evidence including CCTV footage in her judgment.The State then challenged the acquittal before the High Court..Solicitor General Tushar Mehta, appearing for State of Goa, argued before the High Court that the trial court wrongly focused on the complainant’s character and post-incident behaviour instead of the accused’s conduct.He said the trial court incorrectly relied on barred and irrelevant material such as the victim's lifestyle, WhatsApp chats with others and the “normative” behaviour to infer consent.He emphasised that the trial judge selectively read her testimony which was contradicted by material like the apology email. This undermines the defence claim that no incident occurred, he said. .Senior advocate Aabad Ponda, representing Tejpal, argued that the acquittal was correct because the complainant’s account is inconsistent with objective evidence like the lift mechanics and CCTV footage. He further argued that not only did the victim's behaviour and conversation on text messages suggest a lack of trauma, but there was a deliberate concealment or coaching.He showed evidence on her post-incident behaviour, demeanour on the CCTV footage and chats with several people to show there was social normalcy and absence of trauma. Ponda also maintained a stance of complete denial rather than consent, contending that media and institutional pressure fuelled the case. He contended that the prosecution had failed to prove that any sexual act occurred at all..Mehta was assisted by Advocate General Devidas Pangam and public prosecutors Shailendra Bhobe and Pravin Faldessai. Ponda was assisted by advocates Subhash Jadhav and Raunaq Rao. .[Read Judgment].[Read Live Coverage]