The Goa government has approached the Supreme Court seeking an enhancement of the sentence awarded to former Tehelka magazine editor Tarun Tejpal in a sexual assault case. The state government has filed a petition before the top court challenging the sentence imposed by the Bombay High Court's Goa Bench and seeking a higher punishment for Tejpal. This comes days after the Bombay High Court's Goa Bench subsequently set aside the trial court's acquittal and convicted Tejpal in the case, awarding him a 10-year prison sentence. Through its petition, the state has urged the Supreme Court to consider increasing the sentence awarded to Tejpal. The matter will now be examined by the top court.
Bombay HC overturns 2021 acquittal
The case stems from an incident in 2013 involving a woman who was working as a principal correspondent with Tehelka. At the time, Tejpal was the magazine's editor-in-chief and owner. A trial court in Mapusa had acquitted Tejpal in 2021. The Goa government subsequently challenged that decision before the Bombay High Court's Goa Bench. After examining the evidence, the High Court rejected the trial court's reasoning and convicted Tejpal. It concluded that the prosecution had established its case "beyond every reasonable doubt" and found the complainant's testimony reliable and consistent.
Court rejects 'perfect victim' approach
A significant part of the High Court's 81-page judgment dealt with the manner in which the complainant's conduct and personal life had been examined during the trial. The court criticised the defence for focusing extensively on her personal life and said it was surprising that the trial court "remained silent and allowed the defence to harass and humiliate her during the cross-examination". The High Court said the trial court appeared to have proceeded on the assumption that a survivor of sexual assault must respond to the incident in a particular way to be considered credible. It said the complainant was effectively expected to fit the idea of a "perfect victim".
"The 'perfect victim' concept, more formally known as an 'ideal victim', described an unspoken cultural archetype where a person is fully believed, sympathised with and granted legitimacy only if they exhibit absolute vulnerability, complete innocence and total passivity," the High Court said. The bench further observed that when a survivor does not conform to such expectations, the seriousness of the trauma can be unfairly diminished.
Court says victim's conduct cannot determine credibility
The High Court also emphasised that people respond to traumatic experiences differently. It said neither the court nor an accused can determine how a survivor should have reacted or dealt with trauma following a sexual assault. The bench also took exception to the defence's attempt to portray the complainant as a "promiscuous woman and a libertine". "She is equally entitled to protection of law. Her evidence cannot be thrown overboard merely because she is alleged to be a woman of easy virtue," the court said.
The bench added that a woman's alleged character cannot be used to draw an inference that she could therefore be sexually assaulted. "Every woman has a right to refuse to submit herself to sexual intercourse with anyone," the court added.
Why did the court find Tejpal was in a position of dominance?
The High Court noted that Tejpal was not merely a senior colleague of the complainant. As the editor-in-chief and owner of Tehelka, he exercised authority over her at the time of the incident. The court therefore held that "Tejpal was in a position of control and dominance over her". The prosecution's case also highlighted the relationship between the two, with the complainant being a friend of Tejpal's daughter.
Tejpal seeks leniency, says he is a 'political victim'
During the sentencing hearing, Tejpal personally addressed the court and sought a lesser punishment. He pointed to his age, family responsibilities and his claim that he had been politically targeted. "I am 62 years old today. I am a father of two daughters. I have a wife. I am a political victim. My lawyers have also asked me to urge the court to show leniency," he said. His lawyers, Aabad Ponda and Subash Jadhav, also sought the minimum sentence prescribed under the law. They argued that Tejpal had complied with the conditions imposed on him during bail.
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Tarun Tejpal calls himself a 'political victim', says 10-year jail term is 'politically motivated'
