The Goa bench of the Bombay High Court on Thursday reserved its judgment on the Goa government's challenge to the 2021 acquittal of former Tehelka editor-in-chief Tarun Tejpal in the 2013 sexual assault case. After hearing detailed submissions from both sides, the court said it would deliver its verdict at a later date.

A division bench comprising Justices Dr Neela Gokhale and Amit Jamsandekar heard final arguments from Solicitor General Tushar Mehta, representing the Goa government, and senior advocate Abad Ponda, appearing for Tejpal. The judges did not indicate a timeline for pronouncing the judgment.

Goa Government Questions Trial Court's Findings

During his concluding submissions, Solicitor General Mehta argued that the trial court had adopted an incorrect approach by assessing the complainant's conduct through preconceived notions of how a survivor of sexual assault should behave.

He told the court that there is no fixed standard for a victim's response after an alleged assault, as reactions differ based on personal circumstances, educational background and individual experiences. According to him, the complainant's decision to continue carrying out her professional duties after the alleged incident could not be treated as a factor undermining her credibility.

Mehta also challenged the trial court's reliance on minor inconsistencies in the complainant's statements, arguing that such discrepancies are common and should not automatically render a witness unreliable.

Prosecution Rejects 'Afterthought' Argument

Responding to the defence's claim that allegations of rape emerged only after political developments at the time, Mehta pointed to documents already on record.

He submitted that the complainant had sent a written account of the alleged incident to Tehelka's then managing editor, Shoma Chaudhury, before the press conference referred to by the defence. He argued that the First Information Report (FIR) reflected the contents of that complaint, indicating that the allegations were not introduced later.

The prosecution also cited WhatsApp messages and other correspondence exchanged shortly after the alleged incident to support its contention that the complainant had consistently maintained her version of events.

Focus on Apology Email

A major part of the hearing revolved around emails sent by Tejpal after the alleged incident.

Mehta argued that the language used in those emails—including references to a "lapse of judgment", expressions of shame and repeated apologies—indicated that Tejpal acknowledged an encounter had taken place. He contended that these statements conflicted with the defence's present position that no incident occurred inside the hotel lift.

According to the prosecution, there would have been no reason for repeated apologies or references to remorse if the alleged episode had never taken place.

Defence Says Emails Were Misread

Senior advocate Abad Ponda disputed the prosecution's interpretation of the apology emails, maintaining that they did not amount to an admission of any physical or sexual act.

Referring to evidence given by prosecution witness Shoma Chaudhury, Ponda argued that Tejpal's version referred only to a consensual conversation of a sexual nature and not to any physical interaction.

He submitted that the phrase "fleeting consensual encounter" used in the emails was being interpreted incorrectly by the prosecution. According to the defence, the correspondence referred solely to verbal exchanges and could not be treated as an acknowledgment of sexual assault.

Ponda also argued that if the emails had indeed been a clear admission of a physical encounter, the defence would not have challenged the prosecution's evidence relating to CCTV footage, the alleged events inside the hotel elevator and other factual aspects of the case.

The defence further referred to the complainant's WhatsApp conversations, claiming they suggested she herself did not interpret the apology as an admission of sexual assault.

Background of the Case

The case stems from allegations made by a former colleague, who accused Tarun Tejpal of sexually assaulting her inside a hotel lift on November 7 and 8, 2013, during an event organised by Tehelka magazine in Goa.

In 2021, a sessions court in Mapusa acquitted Tejpal of all charges. The Goa government subsequently challenged that verdict before the Bombay High Court, which has now reserved its decision after completing final hearings.