The Goa government on Tuesday filed an appeal in the Bombay High Court against the acquittal of Tarun Tejpal in the November 2013 sexual assault case.
On May 21, Additional Sessions Judge Kshama Joshi had acquitted Tehelka’s founder-editor of sexual assault charges levelled by a female colleague. In its 527-page order, the trial court had observed that there was no evidence to support the allegations of the complainant that Tejpal had assaulted her inside the elevator of a luxury hotel in the state. The court order also cited various lapses by Goa police as well as contradictions in the statements of the complainant.
When Tejpal was acquitted, Dr Pramod Sawant, the state chief minister had expressed concern about injustice meted out to a woman and had promised to ‘file an appeal in the High Court in a short span of time’.
No date has yet been assigned for the hearing of the appeal by the Goa bench of the Bombay High Court.
Soon after the trial court’s verdict, Tejpal had lauded the judge for “standing by truth”.
“In November 2013 I was falsely accused of sexual assault by a colleague. Today the Hon'ble Trial Court of Additional Sessions Judge Kshama Joshi, in Goa, has honourably acquitted me. In an awfully vitiated age, where ordinary courage has become rare, I thank her for standing by the truth," he had said.
The sexual assault case dates back to November 2013 when a junior colleague alleged that Tejpal, then Tehelka news magazine’s editor-in-chief, had sexually assaulted her in the elevator of an upscale North Goa hotel during Tehelka’s Think festival.
Tejpal was arrested on November 30, 2013, after his anticipatory bail was rejected by a court.
On February 17, 2014, the Goa Police Crime Branch filed a 2,846-page chargesheet that was divided into 12 volumes and included statements of 152 witnesses.
In the chargesheet, Tejpal was accused of committing offences under IPC Sections 341 (wrongful restraint), 342 (wrongful confinement), 354 (assault or criminal force with intent to outrage modesty), 354A (sexual harassment), 354B (assault or use of criminal force to woman with intent to disrobe), 376 (2)(f) (person in position of authority over women, committing rape) and 376(2)(k) (rape by person in position of control).
Tejpal was released from jail in July 2014 after the Supreme Court granted him bail.
Three year later, the Sessions Court allowed Tejpal's application to conduct the trial in camera. In September 2017, Tejpal had contested framing of charges in the High Court of Bombay at Goa. After the High Court refused to grant stay, the Sessions court framed charges against Tejpal.
In August 2019, the Supreme Court had dismissed Tejpal’s plea to quash the First Information Report (FIR) filed against him and had directed the trial court to complete the trial within six months.
The trial had recommenced in October 2019 but was stalled between March and September 2020 due to the Covid-19 pandemic.
In January this year, the Goa Crime Branch had submitted supplementary chargesheet to the trial court saying it wanted to examine ten more witnesses. The arguments in the high-profile sexual assault case were concluded in March 2021, and April 27 was listed as the judgment day.
The judgment, however, was deferred twice by the trial court, citing shortage of staff due to Covid-19. On May 19, the judgment had to be deferred yet again due to power outage on account of Cyclone Tauktae.
On May 21, the Mapusa District and Sessions Court acquitted Tarun Tejpal of all charges relating to the 2013 sexual assault case.
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