Founder of Tehelka and its former editor-in-chief Tarun Tejpal has been acquitted in the 2013 rape case, lodged by his own employee, by the District and Sessions Court at Mapusa, Goa.
The court ruling was delivered on Friday and he was acquitted from all the cases he was tried upon, which included, committing offences punishable under IPC Sections 341 (wrongful restraint), 342 (wrongful confinement), 354 (sexual harassment), 354A(1)(I)(II)(demand for sexual favours), 354B (assault or use of criminal force to woman with intent to disrobe), 376 (2)(f) (person in a position of authority over women, committing rape) and 376(2)(k) (rape by a person in a position of control).
Tehelka, and with it Tejpal, shot to fame in 2001 with Operation West End, a sting that exposed the then ruling formation NDA, led by BJP, in alleged corrupt defence deals, forcing the exit of then BJP president, late Bengaru Laxman and then defence minister George Fernandes.
2013 rape case against Tarun Tejpal: What happened?
On November 7, 2013, Tarun Tejpal and his female colleague were moving together in a lift in Goa when Tejpal allegedly molested the girl sexually. According to the victim, Tejpal once again sexually abused her the very next, going against her desire.
On November 18, the victim complained to Tehelka's then managing editor, another acclaimed journalist - Shoma Chaudhry.
On November 19, Tarun Tejpal sent a formal email, apologising for the incident. "I apologise unconditionally for the shameful lapse of judgement that led me to attempt a sexual liaison with you on two occasions on November 7 and November 8 2013, despite the clear reluctance that you did not want such attention from me," he wrote.
He further wrote to Chaudhry, in which he called the incident a bad lapse of judgement, an awful misreading of the situation, that led to an unfortunate incident "that rails against all we believe in and fight for."
However, the victim insisted on an anti-sexual harassment committee under the Vishakha guidelines to investigate the matter. After this, Tejpal formally stepped down as the editor-in-chief of Tehelka to allow a fair enquiry.
On November 22, the news was covered on the front pages of most newspapers. The publications urged the Goa police to intervene and take up suo motu cognizance of the matter. Tejpal kept alleging that he was being framed and that the case was a political move, especially since BJP ruled Goa during that time.
On November 30, Tejpal was arrested on the count of sexual harassment after a local court in Goa rejected his anticipatory bail plea. He was granted regular bail by the Supreme Court less than a year later, in July 2014. In February 2014, the Goa Police Crime Branch filed a 2,846-page charge sheet against him.
In June 2017, three years after the initial case, the Sessions Court allowed Tejpal's application to conduct the trial in-camera to protect both the parties' dignity, respect, and privacy.
On September 28, 2017, the Sessions Court framed charges against him, and the victim testified in March 2018. The prosecution has examined 71 witnesses and cross-examined five defence witnesses in the case. The prosecution's case mainly rests on the victim's statement, statements of her colleagues, and electronic evidence in the form of CCTV footage, e-mails and WhatsApp messages.
In August 2019, a Supreme Court bench of Justices Arun Mishra, M R Shah and B R Gavai SC rejected Tejpal's plea to quash the charges against him. Terming the offence "morally abhorrent" and an "assault on the privacy of the victim", the bench directed the Sessions Court to complete the trial within six months.
The prosecution then filed a supplementary charge sheet in January this year, citing ten more witnesses. In March, the prosecution and defence arguments concluded arguments and the case was reserved for orders.
