Sanjeev Sirohi, Advocate
PANAJI: In a landmark judgment that could have far-reaching implications for workplace sexual harassment cases, the Goa Bench of the Bombay High Court on Thursday sentenced former Tehelka editor-in-chief Tarun Tejpal to 10 years' rigorous imprisonment and imposed a fine of over Rs 10 lakh after convicting him in the 2013 rape case involving a former colleague.
A Division Bench comprising Justice Neela Gokhale and Justice Amit Jamsandekar awarded the sentence after earlier setting aside Tejpal's 2021 acquittal by a trial court. The High Court held that the trial court had committed "perverse" errors in appreciating the evidence and had relied on stereotypes and legally impermissible considerations while acquitting the accused.
The court granted Tejpal two weeks to surrender before the jail authorities. It also noted mitigating factors, observing that the incident had occurred 13 years ago and there had been no subsequent allegations of misconduct against him.
The case stems from allegations made by a woman journalist, then a senior correspondent with Tehelka, who accused Tejpal of sexually assaulting her twice inside an elevator at the Grand Hyatt hotel in Goa during the magazine's THiNK Fest in November 2013. According to the prosecution, the assaults occurred on consecutive days while the victim was assigned to coordinate with Hollywood actor Robert De Niro, the chief guest at the event.
Following widespread media reports, the National Commission for Women took suo motu cognisance of the allegations, leading to the registration of an FIR by the Goa Police. After investigation, Tejpal was charged under multiple provisions of the Indian Penal Code, including rape, sexual harassment, assault with intent to disrobe, wrongful restraint and wrongful confinement.
In May 2021, an Additional Sessions Court in Goa acquitted Tejpal of all charges. The State of Goa challenged the verdict before the Bombay High Court, which admitted the appeal in 2022.
In its detailed judgment, the High Court delivered a scathing critique of the trial court's reasoning, holding that its conclusions were "contrary to the evidence on record" and "per se perverse."
The Bench said the trial court had relied on "preconceived notions" about how a victim of sexual assault should behave and had wrongly treated the complainant's conduct after the incident as suspicious. It also faulted the trial court for drawing adverse inferences from the victim's inability to access an old email account, the absence of visible physical injuries and her interactions with friends, family and legal advisers after the incident.
The judges further held that the trial court had improperly allowed invasive cross-examination into the survivor's past sexual history and personal life despite statutory safeguards prohibiting such questioning. The judgment observed that these considerations had unfairly undermined the complainant's credibility.
The High Court also attached significance to apology emails sent by Tejpal after the incident, holding that they contained clear references to the "encounter", "sexual liaison" and "furtive acts", contradicting the trial court's finding that they did not amount to admissions.
"The prosecution has established the case beyond reasonable doubt," the Bench held, adding that the complainant's testimony was truthful and reliable. It convicted Tejpal under Sections 376(2)(f), 376(2)(k), 354, 354A, 354B, 341 and 342 of the IPC.
While deciding the quantum of sentence, the High Court observed that sexual harassment at the workplace has lasting consequences on women's careers and dignity. It noted that the complainant had been compelled to resign from her job and had endured considerable public scrutiny and humiliation during the prolonged trial.
The court also accepted the State's submission that Tejpal occupied a position of authority over the complainant and had repeated the offence on the following day despite her resistance. Reiterating the principle that "when a woman says 'No', it means 'No'," the Bench underscored the responsibility of those in positions of power to respect consent.
Tejpal's counsel informed the court that he intends to challenge the conviction before the Supreme Court. Until then, he has been directed to surrender within two weeks to begin serving his sentence.