2013 rape cae: SC refuses to suspend Tarun Tejpal’s sentence

The bench, after hearing the submissions advanced by the advocates appearing for Tejpal and the Goa government, said it was not inclined to suspend the sentence

The Supreme Court on Friday refused to suspend the 10-year sentence passed by the Goa bench of the Bombay high court to journalist Tarun Tejpal in a 2013 rape case.

On August 6, the Bombay High Court convicted Tejpal of rape and sentenced him to rigorous imprisonment for 10 years. (ANI file photo)

The court agreed to hear his appeal challenging the Bombay HC order passed in August convicting him in the 2013 incident.

A bench of justices MM Sundresh and PB Varale passed the order while hearing Tejpal’s appeal challenging the conviction and 10-year sentence passed by the Goa bench of the Bombay high court in a case where he had been acquitted by the trial court in Goa.

The court said, “On a prima facie view, particularly with regard to the prosecution witnesses and the material produced and the messages on record, we do not find it a fit ground to grant suspension of sentence.”

Tejpal had urged the court to consider releasing him on bail pending the appeal with Diwali around the corner.

The bench said, “In our prima facie view, we are not inclined to grant suspension of sentence.”

The court “granted leave,” which amounts to admitting Tejpal’s appeal along with the state government’s appeal seeking enhancement of punishment.

During the hearing, senior advocates Kapil Sibal and Siddharth Agarwal representing Tejpal sought to demolish the prosecution story by projecting the victim’s story of alleged rape to be “false”.

Sibal said that the incident took place when Tejpal was the editor of Tehelka magazine and the victim was an employee. It was pointed out that the incident took place on November 7, 2013, while the FIR was registered only on November 22.

The incident took place at a hotel where the organisation’s annual event was taking place.

Sibal pointed out that the victim alleged she was sexually assaulted inside the lift which could not be proved by CCTV footage nor by technical experts who suggest the lift opens at every floor, meaning such an incident could not have occurred within the short span of 2 minutes and 9 seconds before the lift would open again.

Solicitor General Tushar Mehta appearing for the Goa government rebutted Tejpal’s arguments by showing the court messages exchanged between the accused and the victim in which he apologised to the victim. Mehta said that besides the employer-employee relationship, the victim was the daughter of the accused’s friend and was also friends with Tejpal’s daughter.

The court noted this fact and said, “So according to you, there was no motive for the victim to implicate the accused.”

Mehta said that the trial court conducted the proceedings in a manner that put the victim on trial where she was asked all sorts of uncomfortable questions. He pointed out that the high court took note of this fact and commented on the manner of the trial in this case.

The court did not examine the merits of the case, stating, “We are concerned only with the question of suspension of sentence alone.”

The top court had directed Tejpal to surrender first in August, following which he surrendered on September 14. He submitted to the court that during the time the appeal was heard by the high court, he remained out on bail and the prosecution cited no instance of him misusing his liberty.

The trial court gave a clean chit to the 63-year old journalist in 2021. However, the high court termed the trial court’s judgment “perverse”. He was prosecuted under various provisions of the Indian Penal Code (IPC), including provisions relating to rape and assault or criminal force against a woman. While overturning the acquittal, the high court relied on the victim’s testimony and accompanying evidence.