Bombay HC to pronounce verdict on appeal against Tejpal's acquittal in sexual assault case on Thursday

The Bombay High Court will on Thursday morning pronounce its verdict on the Goa government's appeal challenging the acquittal of former Tehelka editor-in-chief Tarun Tejpal in a 2013 sexual assault case.

Tejpal has been instructed to remain present before Justices Dr Neela Gokhale and Amit Jamsandekar of the Goa Bench who heard the appeal.

The case relates to allegations by a former junior colleague that the veteran journalist sexually assaulted her inside a hotel elevator during the ThinkFest event in Goa in November 2013. After he was acquitted by the trial court, the Goa government challenged the verdict.

The High Court reserved its order last week after hearing arguments by Solicitor General of India Tushar Mehta, who appeared for the state, and Tejpal's lawyer, senior advocate Abad Ponda.

Mehta argued that the sessions court committed a serious error by assessing the complainant's conduct based on preconceived notions of how a victim of sexual assault should behave.

There is no universal standard governing the reaction of a survivor, as responses differ depending on an individual's education, personality, social background and circumstances, the Solicitor General said.

He also contended that the trial court gave undue importance to minor inconsistencies in the complainant's statements instead of examining whether her core allegations remained consistent.

Referring extensively to an email sent by Tejpal to the complainant after the alleged incident, Mehta submitted that the accused had apologised for his "lapse of judgment", expressed shame and stated that he believed the encounter had been consensual. These statements amounted to an admission that an encounter had taken place, the Solicitor General said.

The defence argued that the prosecution had misinterpreted Tejpal's apology emails as admissions of a sexual encounter. None of the apology emails contained any admission of a consensual physical or sexual encounter and the references were only to a consensual verbal conversation of a sexual nature, advocate Ponda said.

He also questioned the complainant's credibility, arguing that her conduct before and after the alleged incident, along with emails, WhatsApp messages and documentary records, contradicted the prosecution's case.

The defence also argued that the complainant's account of being confined inside a moving lift was inconsistent with expert evidence and CCTV footage.