Former Tehelka editor Tarun Tejpal convicted in 2013 rape case as Bombay HC overturns acquittal

A division bench comprising Justices Dr. Neela Gokhale and Amit Jamsandekar delivered the verdict while hearing an appeal filed by the Goa government.

Tejpal seeks leniency

Following the conviction, senior advocate Aabad Ponda urged the court to take a lenient view, citing the fact that the case is over 13 years old.

Tejpal, who was present in court following the bench's directions, also appealed for leniency, referring to his age.

"I am 62, and I believe I am a victim. I have a wife, and that's not much else to say. All that I can say is we can go and appeal. Please be lenient with me. The rest of the facts are placed on record," he told the bench as quoted by Live Law.

'No means no': Tushar Mehta

Opposing the plea for leniency, Solicitor General of India Tushar Mehta, appearing for the Goa government, argued that the case should send a strong message on the importance of consent.

"Despite the victim being a girl of his daughter's age, he committed an offence... He was a father figure and should not have indulged in this... A precedent must be set... The victim refused, but he kept advancing on two subsequent days. This court must give out a clear message to society that when a girl says no, it means no. A no means a no," Mehta was quoted as saying.

Background of the case

In November 2013, Tejpal was accused of sexually assaulting a young woman colleague during the THINK festival in Goa.

According to the complainant, Tejpal sexually assaulted her twice inside an elevator at a luxury hotel on the nights of November 7 and 8, 2013, despite her repeated objections. She later reported the incidents internally to the management of Tehelka.

The allegations became public after email exchanges between the complainant and Tejpal surfaced. Tejpal had initially described the incident as an "untoward incident" in an email to the magazine's then managing editor and offered to recuse himself from Tehelka for six months. He later denied the allegations, claiming the encounters were consensual.

Legal proceedings

The Goa Police registered a case against Tejpal on charges including rape, sexual harassment, wrongful confinement and outraging the modesty of a woman under the Indian Penal Code.

He was arrested in November 2013 and remained in custody for several months before being granted bail by the Supreme Court in 2014.

In May 2021, a Goa Sessions Court acquitted Tejpal of all charges, holding that the prosecution had failed to prove its case beyond reasonable doubt.

The Goa government challenged the acquittal before the Bombay High Court. In 2023, the High Court admitted the appeal and stayed portions of the trial court's judgment that had made adverse observations about the survivor.

On Thursday, the High Court overturned the acquittal and convicted Tejpal in the case.