Supreme Court refuses to suspend Tarun Tejpal's 10-year rape sentence

Tejpal was convicted of raping a junior colleague inside a hotel lift during an event organised by the magazine in Goa in 2013. The 62-year-old journalist has claimed that he was a victim of political vendetta.

In Short

• Bombay High Court overturns Tejpal's 2021 acquittal and ordered rigorous imprisonment
• Goa government seeks life imprisonment, calling the punishment grossly disproportionate
• Tejpal alleges political vendetta and maintains the accusation is false

The Supreme Court on Friday refused to suspend the 10-year prison sentence handed to journalist Tarun Tejpal in a 2013 rape case.

A bench of Justices M M Sundresh and Prasanna B Varale said it was not inclined to suspend the sentence. “We don't find it to be a fit case to grant suspension of sentence,” the bench said while hearing Tejpal's application.

Senior advocate Kapil Sibal, appearing for Tejpal, referred to the evidence and other material in the case and argued that the “whole story is false”. Solicitor General Tushar Mehta, representing the Goa government, opposed the plea and said the case warranted an enhanced sentence.

On August 6, the Bombay High Court convicted Tejpal of rape and sentenced him to 10 years of rigorous imprisonment. The court overturned the trial court's decision to acquit the former editor of Tehelka magazine five years earlier.

Tejpal was convicted of raping a junior colleague inside a hotel lift during an event organised by the magazine in Goa in 2013. The 62-year-old journalist has claimed that he was a victim of political vendetta.

On August 25, the Supreme Court directed Tejpal to surrender within three weeks to serve his sentence and rejected his request for an exemption from surrendering. He subsequently surrendered before the trial court, according to Press Trust of India.

Tejpal was convicted under several sections of the Indian Penal Code, including Section 376(2)(f), which covers rape committed by a person in a position of trust or authority; Section 354(a), relating to sexual harassment; and Section 354(b), which covers assault or the use of criminal force with intent to disrobe. The maximum punishment under Section 376(2)(f) is life imprisonment.

Tejpal had moved the Supreme Court on August 20 to challenge the High Court order convicting him. The Goa government has also approached the top court seeking a longer sentence, arguing that the case warranted life imprisonment.

In its petition before the Supreme Court, the Goa government said the 10-year sentence imposed by the High Court was grossly disproportionate to the nature and gravity of the offences committed by Tejpal.

In its 81-page judgment, the High Court described the trial court's 2021 order as “perverse”. It said the trial court had accepted the notion that a complainant in a sexual assault case must be a “perfect victim” and behave in a particular way to appear credible.

The High Court also strongly disapproved of the defence's focus on the victim's personal life. It said it was surprising that the trial court “remained silent and allowed the defence to harass and humiliate her during the cross-examination”.

The Supreme Court has now declined to suspend Tejpal's sentence, while his challenge to the conviction and the Goa government's plea seeking life imprisonment remain before the court.

- Ends