‘Victim suffered profound embarrassment’: Court in Tarun Tejpal rape case

The Goa bench of the Bombay High Court ruled on the State of Goa's appeal against the acquittal of Tarun Tejpal by a trial court.

'Insensitive, victim-blaming': Bombay High Court on Tarun Tejpal rape caseIn 2021, a sessions court in Goa acquitted Tejpal, saying the complainant “did not demonstrate any kind of normative behaviour” a victim of sexual assault “might plausibly show”. (Express File Photo)

The Goa bench of the Bombay High Court made strong remarks Thursday as it handed Tehelka founder Tarun Tejpal a 10-year prison sentence in a 2013 rape case. The court said: “Sexual harassment at work causes significant and enduring harm to women’s career paths, punishing them for factors outside their control. Additionally, a widespread culture of victim-blaming and institutional resistance isolates survivors, prompting them to switch jobs or accept demotions,” the court said.

“An insensitive and unresponsive work environment often instills fear in women about venturing out of their homes to pursue meaningful opportunities, thereby preventing them from fully utilising their talents and skills,” the court thundered, “The victim in the present matter also suffered similar consequences. She was compelled to resign. She also suffered profound embarrassment.”

What Goa court said on Tejpal rape case

In 2021, a sessions court in Goa acquitted Tejpal, saying the complainant “did not demonstrate any kind of normative behaviour” a victim of sexual assault “might plausibly show”. The court had said the woman’s messages to the accused established she was “neither traumatised nor terrified” and that this “completely belies” the prosecution’s case.

During arguments earlier in the case, the State of Goa – which had appealed the acquittal – argued the manner in which the trial court dealt with the case was ‘perturbing’.  That court, it said, had virtually laid down guidelines on how women who had been raped ‘should’ respond in such circumstances, calling it a “classic case of perverse findings”.

‘My first offence’

Earlier today the High Court convicted Tejpal, 62, of rape, sexual harassment and the use of criminal force against a woman.

The court then reconvened to rule on the sentence.

Senior Advocate Aabad Ponda, appearing for Tejpal, pleaded that minimum sentence be awarded.

He submitted that there are no criminal cases pending against Tejpal and this is his first offence.

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He submitted that the incident dates back to 2013 and the appeal has pending since 2022 and during this period, Tejpal has not breached any conditions of bail. He submitted that Tejpal’s passport is with the authorities and therefore, he has not travelled abroad.

Ponda further submitted that Tejpal intends to assail the present judgment and order before the Supreme Court and requested that a period of eight weeks from today be granted to surrender.

‘No means no’

Solicitor General Tushar Mehta, appearing for the State of Goa, submitted that the court should factor in that Tejpal was a parent figure to the complainant. Mehta submitted that Tejpal knew the complainant’s father and she was the same age as his daughter.

He submitted that the court should also consider the fact that Tejpal repeated the offence the very next day and thus had no remorse.

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He submitted that when a woman says ‘No’, it means ‘No’ and that should have been understood by Tejpal, him being of the age of the complainant’s father.

Tarun Tejpal rape case

A woman journalist had accused Tejpal of sexually assaulting her in a hotel elevator on November 7 and November 8, 2013.

Goa Police first registered a FIR on November 23, 2013. Tejpal was then arrested by the Crime Branch of Goa Police on November 30, after his anticipatory bail plea was rejected. He was granted bail by the Supreme Court in July 2014.

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