The Supreme Court today(September 24) issued notice to the State of Goa on the petition filed by Tehelka Magazine's former editor-in-chief Tarun Tejpal challenging the Bombay High Court's judgment sentencing him to ten years' imprisonment for the rape of a colleague in 2013.

A bench comprising Justice MM Sundresh and Justice Prasanna B Varale heard the matter.

Senior Advocate Kapil Sibal for Tejpal submitted that it was a case where the acquittal was reversed by the High Court. "This is a case of reversal; there is a right of appeal, I have surrendered," Sibal said.

When the bench agreed to issue notice to the State, Sibal requested that a specific date be given for hearing on suspension of sentence. The bench said it will consider.

Last month, Justice Alok Aradhe directed Tejpal to surrender within 3 weeks and file a surrender certificate before September 22, for the Court to hear his appeal on the merits.

It may also be noted that the Goa Government has also approached the Court for enhancement of punishment to life imprisonment while not challenging the finding of conviction.

Background

The Bombay High Court's Goa bench, comprising Justices Neela Gokhale and Amit Jamsandekar, had on August 6 overturned Tejpal's acquittal by the trial court and convicted him in the 2013 case. The court subsequently sentenced him to 10 years' rigorous imprisonment.

The High Court criticised the Trial Court for discrediting the victim's version by referring to her alleged post-incident conduct. The High Court underscored that there is no concept of a "perfect rape victim", and different women process trauma in different ways.

The High Court had noted that the incident took place 13 years ago and that there was no report of any subsequent criminal misconduct by Tejpal. It consequently declined the Goa government's request for the maximum punishment of life imprisonment and imposed the minimum sentence prescribed for the rape conviction.

The case arose from allegations that Tejpal sexually assaulted a junior colleague inside an elevator at a luxury hotel in Goa during an event organised by Tehelka in November 2013. The Goa Sessions Court had acquitted him in 2021, following which the State challenged the acquittal before the Bombay High Court.

The High Court convicted Tejpal under provisions of the Indian Penal Code relating to rape, sexual harassment and assault with intent to disrobe. The rape provision under which he was convicted carried a minimum punishment of 10 years and permitted a sentence extending to life imprisonment.