The District and Sessions Court at Mapusa in North Goa on Friday has acquitted journalist and founder and former editor-in-chief of Tehelka magazine in the sexual assault and rape case of a junior colleague inside the elevator of a luxury hotel in Goa in 2013.
The case verdict has been pronounced after 8 years.
Tejpal has thanked the court in a statement, saying: "It is with profound respect that I thank this court for its rigorous, impartial and fair trial and its thorough examination of the CCTV footage and other empirical material on record. In November 2013, I was accused of sexual assault by a colleague. Today, the sessions court acquitted me. In all these years, several lawyers came to our aid and we owe them all a debt."
On behalf of her father, Tejpal’s daughter Cara stated that the past seven years have been traumatic for her family, dealing with these “false allegations on every aspect of our public, professional and personal lives."
THE CASE
Tarun Tejpal was accused by a junior female colleague of rape and sexual harassment in an elevator of a hotel in 2013. The incident took place during the Think festival that was being entertained by Tehelka at a five-star hotel in Goa's Bambolim in 2013 when Tarun had allegedly assaulted his junior inside a lift. The woman then had sent a series of emails complaining about the incident to her seniors. Both her complaint emails and their response were leaked.
Soon after the allegations, Mr Tejpal stepped down as Tehelka editor saying he was "recusing" himself for six months.
He was arrested on November 30, 2013, by the crime branch.
The Goa crime branch had filed a 2,684-page long charge sheet before the Goa fast-track court, the police had said there was enough evidence against him.
He was granted bail on July 1, 2014, by the Supreme Court.
Tejpal was accused 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 a position of authority over women, committing rape) and 376(2)(k) (rape by a person in a position of control). He was acquitted of all charges.
THE CASE TIMELINE
November 23, 2013: A woman lodged an FIR against Tejpal accusing him of sexually assaulting her in a hotel elevator on November 7, 2013.
November 30, 2013: Tejpal was arrested by the Goa Police Crime Branch after his anticipatory bail is rejected by a session court.
February 17, 2014: A charge sheet running into 2,846-pages long was filed by the Goa crime branch. It was divided into 12 volumes with statements of 152 witnesses.
July 2014: Tejpal was released from jail after the SC granted him bail.
June 2017: Sessions court accepts Tejpal’s plea to conduct the trial in-camera.
September 26, 2017: Tejpal contests framing of charges in the High Court of Bombay at Goa. HC refuses to grant a stay.
September 28, 2017: charges were framed against Tejpal by the Sessions court.
March 2018: The victim’s examination, in general, was taken by the prosecution.
August 19, 2019: Tejpal’s plea to nullify the FIR filed against him claiming he was framed in a false case was rejected by the SC. The apex court then directed the trial court to complete the trial in six months.
October 2019: Trial resumes.
March 2020 to September 2020: Trial delayed amid the outbreak of Coronavirus pandemic.
October 28, 2020: SC has asked the trial court to conclude the trial by March 31, 2021.
January 2021: Goa police submit an additional charge sheet to the trial court, saying it needed to examine ten more witnesses.
March 2021: Arguments conclude. Sessions court lists judgment for April 27.
April 27, 2021: Sessions court suspends judgment to May 12, 2021.
May 12, 2021: Judgment was deferred to May 19 after the court cited staff shortage on account of Covid-19.
May 19, 2021: Judgment was again postponed to May 21 due to power interruption on account of Cyclone Tauktae.
May 21, 2021: Tarun Tejpal was declared not guilty by the Goa court.
THE LAPSE
It took eight years for the judiciary to pronounce the verdict when it already had the evidence that was presented by the Goa crime branch. Despite this, Mr Tejpal then had issued an apology saying “shameful lapse of judgement” and also stepping down from the editor’s position, wasn’t enough to pass a judgement when the case was on trial. According to a report, India lacks not only courts but also judges and advocates to cater for the people. The lapse in the judiciary system has led to so many criminal cases pending, without even getting a proper trial.
Other reasons why the case was delayed has been attributed to a shortage of staff during the onset of the Covid-19 pandemic, which shows the incompetence of the courts we have. The verdict was delayed 3 to 4 times just because of the lack of staff in the court. While on May 19 the case was postponed due to a power outage. So, does this imply that there is not only a lack of resources for the judiciary to come to a conclusion, the system and the written laws itself come short of farsightedness?
Also Read: Goa court postpones journalist Tarun Tejpal rape case verdict due to power failure
However, Mr Tejpal kept saying and appealing the court's calling to quash the case citing it has no basis or any CCTV camera or photos to substantiate the woman’s claim. He stated that the woman’s complaint was “clearly motivated false and an afterthought with oblique motives.” He said it was surprising that an FIR was lodged purely based on media reports and even without recording the statement of the alleged victim "which is quite unheard of".