Supreme Court Issues Notices on Tejpal's Sentence and Goa's Plea for Enhancement

The Supreme Court on Friday issued notices on two fronts in the 2013 rape case involving journalist Tarun Tejpal — one to the Goa Police on his petition challenging his 10-year prison term, and another to him on the state government's plea seeking a longer sentence.

A bench of Justices M M Sundresh and P B Varale said it would issue notice on both pleas and would fix a specific date for the hearing.

Appearing for Tejpal, senior advocate Kapil Sibal pointed out that the case involved a reversal of an acquittal by the Bombay High Court and pressed for his bail application to be taken up. He noted that the High Court had itself suspended the sentence for four weeks and that Tejpal had surrendered.

Solicitor General Tushar Mehta, representing the Goa government, argued that the gravity of the offence did not diminish with the passage of time.

The developments follow a series of orders in the case. On August 25, the Supreme Court directed Tejpal to surrender within three weeks to serve his sentence and dismissed his request for an exemption from surrendering. He subsequently surrendered before the trial court.

On August 6, the Bombay High Court convicted Tejpal of rape and sentenced him to 10 years of rigorous imprisonment, setting aside the trial court's acquittal of the former Tehelka editor five years earlier. The conviction related to the assault of a junior colleague inside a hotel elevator in 2013 during an event organised by the magazine in Goa. Tejpal, 62, had earlier described himself as a political victim.

He was convicted under several provisions of the Indian Penal Code, including Section 376(2)(f), which covers rape by a person in a position of trust or authority and carries a maximum punishment of life imprisonment, along with sections dealing with sexual harassment and assault with intent to disrobe.

Tejpal moved the Supreme Court on August 20 challenging the High Court order. The Goa government had separately approached the top court seeking an enhanced sentence, arguing that the punishment imposed was grossly disproportionate to the nature and gravity of the offences and that the case warranted imprisonment for life.

In its 81-page judgment, the High Court described the trial court's 2021 order as perverse, observing that it had accepted the notion that a sexual assault complainant must be a "perfect victim" who conducts herself in a particular manner to appear credible. It also criticised the manner in which the defence subjected the victim to scrutiny of her personal life, and said it was surprising that the trial court remained silent while the defence harassed and humiliated her during cross-examination.

The High Court had initially asked Tejpal to surrender within two weeks, later extending the period to four weeks at the request of his lawyers.