The Bombay High Court on Thursday convicted former Tehelka editor Tarun Tejpal in the 2013 rape case, overturning his acquittal by a Goa trial court in 2021. He will now be separately heard on sentence at 2.30pm today. 
The court allowed the Goa government's appeal, holding Tejpal guilty, while a separate hearing will now determine the quantum of sentence.

The case stems from allegations made by a former junior colleague, who accused the veteran journalist of sexually assaulting her inside a hotel elevator during the ThinkFest event in Goa in November 2013.

Following his acquittal by a sessions court, the Goa government challenged the verdict before the Bombay High Court.

During the hearing, Solicitor General Tushar Mehta, appearing for the Goa government, argued that the trial court had committed a serious error by judging the complainant's conduct against preconceived notions of how a survivor of sexual assault is expected to behave.

He contended that there can be no universal standard for a survivor's response, as reactions vary depending on an individual's personality, education, social background and circumstances.

The prosecution further argued that the trial court placed undue emphasis on minor inconsistencies in the complainant's statements instead of examining whether her core allegations remained consistent throughout the investigation.

A key part of the prosecution's case centred on emails sent by Tejpal to the complainant after the alleged incident.

According to the state, the emails contained an apology for what Tejpal described as a 'lapse of judgment', expressions of shame, and a statement that he believed the encounter had been consensual.

The prosecution argued that these communications amounted to an admission that an encounter had taken place.

The defence, however, maintained that the apology emails had been misinterpreted. It argued that the emails contained no admission of any physical or sexual encounter, and referred only to a consensual verbal conversation of a sexual nature.

Tejpal's counsel also questioned the complainant's credibility, claiming that her conduct before and after the alleged incident, along with emails, WhatsApp messages and other documentary evidence, contradicted the prosecution's version.

The defence further argued that the complainant's account of being confined inside a moving elevator was inconsistent with expert evidence and CCTV footage presented during the trial.

Rejecting the trial court's findings, the Bombay High Court ultimately allowed the state's appeal and convicted Tejpal. The detailed judgment is awaited, while the court will hear arguments separately on the sentence to be

About the case:

In May 2021, a Goa sessions court acquitted Tejpal, holding that the prosecution had failed to prove its case beyond reasonable doubt.

The trial court controversially observed that the complainant 'did not demonstrate any kind of normative behaviour' expected of a victim of sexual assault, a finding that drew widespread criticism.

Challenging the acquittal, the Goa government moved the Bombay High Court, arguing that the trial court had relied on stereotypes about how survivors should behave and had overlooked crucial evidence, including apology emails sent by Tejpal after the alleged incident.

On Thursday, the Bombay High Court overturned the acquittal, convicted Tejpal, and is set to pronounce the quantum of sentence separately.