Mumbai High Court Convicts Tarun Tejpal in 2013 Rape Case
Court Ruling on Tarun Tejpal
New Delhi, August 6 - The Mumbai High Court has found Tarun Tejpal, the former editor of Tehelka, guilty of rape involving a colleague in 2013. This ruling, delivered on Thursday, overturns a previous decision by a Goa sessions court that had acquitted him five years ago. Tejpal has been convicted under three sections of the Indian Penal Code (IPC): 376(2)(f) (committing rape when the accused is in a position of trust or authority), 354(A) (sexual harassment), and 354(B) (using criminal force with the intent to disrobe a woman).
- Section 376(2)(f) applies when an individual in a position of trust or authority, or a guardian/relative, commits rape. - Section 354(A) provides for punishment for sexual harassment by a man, which includes unwanted physical contact, demands for sexual favors, showing pornographic material without consent, and making sexual comments.
- Under Section 354(B), any man who assaults a woman with the intent to disrobe her or forces her to be naked using criminal force is punishable. Following the infamous Nirbhaya case in Delhi on December 16, 2012, a committee led by former Chief Justice J.S. Verma expanded the scope of Section 376. The committee's 630-page report, released on January 23, 2013, recommended amendments to criminal laws to impose stricter penalties on rapists, including police and government officials.
The committee's recommendations were incorporated into the Criminal Law (Amendment) Act, 2013, which came into effect on April 3, 2013. This act introduced several changes to laws related to sexual offenses, including the addition of a new Section 376A. According to Section 376A, if a person inflicts injuries during a sexual assault that result in the victim's death or leaves the victim in a 'persistent vegetative state,' that individual faces a minimum sentence of 20 years of rigorous imprisonment.
This sentence can extend to life imprisonment (meaning incarceration for the remainder of the individual's life) or even the death penalty.