Two days after the Goa government moved the Supreme Court seeking enhancement of former Tehelka editor Tarun Tejpal’s 10-year jail term to life imprisonment, Tejpal on Thursday approached the top court challenging his conviction and sentence in the 2013 sexual assault case involving a junior colleague.
The plea is likely to be mentioned for urgent listing as Tejpal is required to surrender in the first week of September following the high court’s direction. The challenge comes as the Supreme Court is set to potentially deal with cross appeals on both conviction and sentence — Tejpal seeking to have his conviction overturned and the Goa government seeking a life term. The high court also rejected the trial court’s approach of scrutinising the woman’s conduct against stereotypical expectations of how a rape survivor should react, resist or behave following an assault.
Tejpal’s petition, filed on Thursday morning, assails the August 6 judgment of the Bombay High Court at Goa which overturned his acquittal by the trial court and convicted him of two counts of aggravated rape. He is also challenging the 10-year sentence imposed by the High Court. The case relates to the alleged sexual assault of a junior female colleague during the Tehelka THiNK festival in Goa in November 2013. The first incident took place on November 7, when Tejpal took the woman to a lift at the Grand Hyatt hotel while they were proceeding towards a room occupied by Hollywood actor Robert De Niro, according to the prosecution case accepted by the High Court.
The high court, while convicting him, found that he occupied a position of “dominance, control, trust and authority” over the woman, being her employer and mentor as well as a friend of her father and father of her close friend. It overturned the trial court’s 2021 acquittal, holding that the lower court’s appreciation of the evidence was “not only unreasonable but perverse” and that it had relied on preconceived notions and irrelevant considerations while assessing the survivor’s testimony.
Legal Challenge to Sentence Ruling
The state has argued that the nearly 13-year delay since the offences should not be considered a mitigating factor, especially since it was not caused by the survivor. Additionally, it has contested the High Court’s decision to factor in Tejpal’s age, family situation, and the lack of further misconduct allegations when determining his sentence.
Goa Government Appeals for Harsher Sentence in Tejpal Case
The Goa government is appealing the high court’s ruling in the Tejpal case, asserting that the finding of guilt should lead to a significantly increased sentence. Officials emphasized that Tejpal held a position of authority over the complainant and highlighted the repeated nature of the alleged assaults occurring over consecutive days. Additionally, the state criticized the extensive cross-examination the survivor faced during the trial, noting that she was subjected to nearly 1,000 pages of questioning regarding her personal relationships and sexual history.
