In a landmark decision more than 13 years after the alleged incident, the Bombay High Court has convicted former Tehelka editor-in-chief Tarun Tejpal in the 2013 sexual assault case, overturning a Goa trial court’s verdict of acquitting him in 2021 of sexual assault. The verdict is a big deal in one of India’s most closely watched criminal cases on workplace sexual assault allegations.
The case is based on a former junior colleague who accused Tejpal of sexually assaulting her inside the elevator of a luxury hotel in Goa during the THiNK Fest in November 2013. The complainant alleged that the assaults took place on two consecutive days while she was working at the event.
After the complaint was filed, Goa Police filed a case against Tejpal, and he was arrested and charged with rape and sexual assault. The trial continued for several years before a Goa Sessions Court acquitted him in May 2021, holding that the prosecution had failed to establish guilt beyond reasonable doubt. That acquittal drew widespread public debate and was challenged by the Goa government before the Bombay High Court’s Goa bench.
In the appeal process, the Goa government argued that the trial court had made serious errors in regard to the facts and had made the very wrong observations about the complainant's conduct, as a result of which it unfairly judged the evidence. The state said the trial court had missed the evidence and judged the survivor's testimony in the wrong way.
The defence argued that the acquittal was legally sound and the complainant’s testimony was inconsistent. Tejpal’s legal team had requested the High Court to uphold the trial court’s verdict.
The Bombay High Court, after hearing a lot of arguments from both sides, threw out the acquittal and convicted Tejpal. The High Court found the trial court's findings could not be upheld and reversed the decision. The court convicted Tejpal of rape and outraging the modesty of the complainant. Details of sentencing will follow according to judicial procedure.
The verdict concludes a legal battle that has spanned more than a decade and has gone through multiple stages of judicial review. The case has had significant repercussions on workplace safety, accountability and sexual assault allegations in professional contexts.
The High Court has also recognized that the appellate court is the final organ to review trial court judgments on the understanding of evidence and the application of legal principles. And as the judicial system progresses, the conviction is probably to stay a reference point for all of us in India's criminal justice system.
