The Supreme Court on Friday issued notice to the State of Goa on a plea filed by former Tehelka editor-in-chief Tarun Tejpal challenging the Bombay High Court judgment which overturned his acquittal in a 2013 rape case and sentenced him to 10 years’ rigorous imprisonment.
A Bench comprising Justices M.M. Sundresh and Prasanna B. Varale heard Tejpal’s appeal against the August 6 judgment of the Bombay High Court’s Goa Bench. The Court also issued notice to Tejpal on a separate plea filed by the Goa Government seeking enhancement of his sentence to life imprisonment.
Senior Advocate Kapil Sibal, appearing for Tejpal, submitted that the matter involved a reversal of an acquittal and therefore carried a statutory right of appeal. He also sought an early hearing on the application seeking suspension of sentence, pointing out that Tejpal had already surrendered pursuant to the Supreme Court’s earlier direction.
The Bench agreed to issue notice and indicated that a specific date would be considered for hearing the plea concerning suspension of sentence.
The Supreme Court had, on August 25, rejected Tejpal’s request for exemption from surrendering and granted him time to surrender and furnish the requisite surrender certificate. Tejpal subsequently surrendered before the trial court in Goa.
The criminal proceedings arise from allegations dating back to November 2013 concerning the alleged sexual assault of a junior colleague inside a hotel elevator in Goa during an event organised by Tehelka. A trial court had acquitted Tejpal in 2021. The State challenged the acquittal before the Bombay High Court, which subsequently reversed the finding of acquittal, convicted Tejpal and imposed a 10-year rigorous imprisonment sentence.
The High Court’s judgment had also criticised the approach adopted by the trial court in its assessment of the survivor’s testimony and held that the trial court had proceeded on an impermissible notion concerning how a survivor of sexual assault was expected to behave.
Tejpal’s appeal before the Supreme Court challenges the High Court’s findings and conviction. Separately, the State of Goa has sought enhancement of the sentence, contending that the punishment awarded by the High Court should be increased to life imprisonment.
The matter is now set to be considered by the Supreme Court along with the competing challenges concerning Tejpal’s conviction and sentence.
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