In a major setback to former Tehelka editor Tarun Tejpal, the Bombay High Court on Thursday, August 6, convicted him of raping a colleague in 2013, setting aside his acquittal by a Goa sessions court five years ago.
While Tejpal pleaded for leniency, claiming he was a “political victim” and the father of two daughters, Solicitor General Tushar Mehta, appearing for the Goa government, demanded the maximum punishment to send a strong message that “no means no”.
Justices Neela Gokhale and Amit Jamsandekar of the HC’s Goa bench said they would pronounce their order on sentencing in the afternoon.
“We set aside the trial court order of acquittal. The respondent (Tejpal) stands convicted,” the bench said.
Tejpal later said he will move the Supreme Court against the HC’s order.
He has been convicted under sections 376 (2)(f) (person who is a guardian or in a position of trust or authority rapes a woman), 354 (a) (sexual harassment) and 354 (b) (using criminal force on a woman with an intent to disrobe her) of the Indian Penal Code.
Under section 376, Tejpal faces a minimum punishment of 10 years and a maximum of life imprisonment.
Tejpal, who was present in court, sought leniency, claiming that he was a “political victim” and the father of two daughters.
“I am 62 years old today. I am a father of two daughters. I have a wife. I am a political victim. My lawyers have also asked me to urge the court to show leniency,” he told the court.
Tejpal’s lawyer Aabad Ponda, while seeking the minimum punishment, also urged the court to suspend the sentence and conviction for at least 10 weeks so that they could file an appeal in the Supreme Court.
Tejal later told reporters that he will move the apex court against the HC order.
“We will be appealing against this order. We feel the order is wrong. We will be moving to the Supreme Court against the order,” he said.
The case relates to allegations by a former junior colleague that the veteran journalist sexually assaulted her inside a hotel elevator during the ThinkFest event in Goa in November 2013.
After he was acquitted by the trial court in 2021, the Goa government challenged the verdict in HC.
Tejpal’s lawyer Ponda said, “He has been on bail since trial and has not ever violated any of the conditions imposed on him. He is a senior citizen.”
Solicitor General Tushar Mehta, however, said Tejpal deserved the maximum punishment of life sentence considering his “brazen” attitude towards the victim and also for later portraying her as behaving normally after the alleged incident.
“The convict (Tejpal) was in a position of dominance over the victim. The victim was not just a colleague but also a friend of his daughter. The convict has shown no remorse,” Mehta said.
He repeated the offence the next day and then during the trial and now before the HC questioned the victim’s behaviour by saying that she behaved normally, he said.
“The punishment should commensurate the act. It is high time to send a clear message that no means no. That deterrent message needs to be sent out,” Mehta said.
During the hearing on the state’s appeal, Mehta had argued that the sessions court committed a serious error by assessing the complainant’s conduct based on preconceived notions of how a victim of sexual assault should behave.
There is no universal standard governing the reaction of a survivor, as responses differ depending on an individual’s education, personality, social background and circumstances, the Solicitor General had said.
Timeline of Tejpal’s conviction
November 2013: A junior woman colleague alleges that Tejpal sexually assaulted her inside an elevator at a luxury hotel in Bambolim, Goa, where Tehelka was hosting its annual ThinkFest event.
The victim sends a complaint about the incident through an email to then Tehelka’s managing editor, Shoma Chaudhury. The email later becomes central to the investigation.
November 20, 2013: Tejpal steps down as editor-in-chief of Tehelka for six months, describing his conduct in an email as an “untoward incident” and “a bad lapse of judgment”.
November 22, 2013: Acting suo motu, Goa Police register an FIR against Tejpal after taking cognisance of media reports and contents of the complaint. Tejpal booked for offences including rape and sexual assault under provisions of the Indian Penal Code amended after the 2012 Nirbhaya case.
November 30, 2013: Tejpal surrenders before Goa Crime Branch after Supreme Court declines to grant him anticipatory bail. Tejpal arrested and remanded to judicial custody.
February 2014: Goa Police file an over 2,800-page chargesheet before a court, relying on witness statements, CCTV footage, electronic records and forensic material.
July 1, 2014: Supreme Court grants Tejpal regular bail after seven months in custody. The court directs him to surrender his passport and imposes conditions on his release.
September 2017: Trial commences before the additional sessions court at Mapusa in Goa after framing of charges. Tejpal pleads not guilty.
2019-2021: Prosecution examines 71 witnesses, including the complainant, police officers, hotel staff and forensic experts. Defence examines four witnesses and relied extensively on CCTV footage, text messages and electronic evidence.
May 21, 2021: Mapusa additional sessions court acquits Tejpal of all charges, holding that the prosecution failed to prove the case beyond reasonable doubt. The 527-page judgment cites inconsistencies in the prosecution’s case and shortcomings in the investigation.
The verdict attracts widespread criticism from women’s rights groups and legal experts over its observations regarding the complainant’s conduct.
May 2021: Goa government challenges Tejpal’s acquittal before the Bombay High Court, contending that the trial court “misappreciated” evidence, relied on stereotypes about the behaviour of sexual assault survivors and ignored settled legal principles.
HC admits the appeal and issues notice to Tejpal.
2021-2026: HC hears detailed arguments from the Goa government and Tejpal’s legal team over several hearings. The state argues that the acquittal was based on “perverse findings”, while the defence maintains the trial court correctly appreciated the evidence.
July 30, 2026: Division bench of Justices Neela Gokhale and Amit Jamsandekar reserves its verdict after concluding the hearing of the state’s appeal.
August 6, 2026: HC sets aside the 2021 acquittal and convicts Tejpal of rape and other offences arising out of the 2013 incidents. Tejpal says he will challenge the conviction before the Supreme Court.
