India


SC refuses to suspend Tarun Tejpal’s sentence in 2013 rape case

Parmod Kumar

New Delhi, Nov 6 (UNI) The Supreme Court on Friday refused to suspend the 10-year sentence awarded to former Tehelka editor-in-chief Tarun Tejpal in the 2013 rape case, saying that no case for interim relief was made out on a prima facie examination of the prosecution evidence, emails and messages placed on record.

A bench comprising Justice M.M. Sundresh and Justice P.B. Varale dismissed Tejpal’s application for suspension of sentence while his appeal against the Bombay High Court judgment reversing his acquittal by trial court remains pending.

Senior advocate Kapil Sibal, appearing for Tejpal, questioned the prosecution version concerning the movement of the hotel elevator and argued that technical evidence showed its doors had opened during the period of the alleged incident.
He also relied on alleged inconsistencies in the complainant’s versions and submitted that Tejpal had remained on bail throughout the trial without misusing his liberty.

Solicitor General Tushar Mehta, appearing for Goa, opposed the plea and relied on the complainant’s conduct soon after the alleged incident, statements of colleagues and Tejpal’s subsequent messages and apology email.
He argued that the trial court had wrongly assessed the complainant’s post-incident behaviour and had effectively judged her against an artificial standard of how a victim should behave.


The bench, however, was not persuaded to suspend the sentence and confined itself at this stage to the question of interim relief.

The Goa bench of the Bombay High Court had on August 6 overturned Tejpal’s 2021 acquittal by the trial court and convicted him in the case. It later sentenced him to 10 years’ rigorous imprisonment.
The High Court had rejected the reasoning that discredited the complainant on the basis of her post-incident conduct and stressed that there was no concept of a “perfect rape victim”, observing that individuals may respond to trauma in different ways.

Tejpal subsequently approached the Supreme Court challenging his conviction and sentence, while the Goa government filed a separate appeal seeking enhancement of punishment to life imprisonment.

The Supreme Court issued notice in both matters on September 25. Tejpal had earlier surrendered pursuant to the top court’s direction and remains in custody.
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