PTI
New Delhi
The Supreme Court on Friday refused to suspend the 10-year sentence handed down to journalist Tarun Tejpal, who was convicted of raping a junior colleague inside a hotel elevator in 2013 in Goa, holding that it cannot be said there was a motive on the part of the victim to implicate him.
A bench of Justices MM Sundresh and Prasanna B Varale dismissed Tejpal’s application seeking suspension of the sentence by the Bombay High Court.
“From the above, we cannot say that there was a motive on the part of the prosecutrix to implicate the applicant (Tejpal). In such view of the matter, on a prima facie view, we are not inclined to suspend the sentence of the applicant,” the bench said.
It noted that the victim was working under Tejpal.
The bench said her father and Tejpal were friends and similarly, she and Tejpal’s daughter were also friends.
“Though, it is contended on behalf of the applicant that the trial court has considered the material available on record while rendering an acquittal, on a prima facie view, particularly, with respect to the evidence adduced by the prosecution witnesses, read with the material produced on record with specific reference to the apology emails and text message (s), we do not find that it is a fit case for grant of suspension of sentence,” it said.
Senior advocate Kapil Sibal, appearing for Tejpal, referred to the evidence and other materials in the case and argued that the “whole story is false”.
Solicitor General Tushar Mehta, who appeared for the Goa government, opposed Tejpal’s plea and said it is a case for enhancing the sentence.
On August 6, the Bombay High Court convicted Tejpal of rape and sentenced him to rigorous imprisonment for 10 years, overturning the acquittal of the former editor of Tehelka magazine by the trial court five years ago.
He was convicted of raping the junior colleague during an event organised by the magazine in Goa. The 62-year-old journalist has claimed that he was a victim of political vendetta.
On August 25, the top court had directed Tejpal to surrender within three weeks to undergo his 10-year prison sentence and had dismissed his application seeking exemption from surrendering. Subsequently, Tejpal surrendered before the trial court.
During the hearing on Friday, Sibal questioned the prosecution’s case and also the victim’s account about the incident.
He argued that according to the prosecution, the door of the elevator did not open for two minutes and nine seconds during the alleged incident.
Sibal said there was evidence to show that the elevator door opened twice at the ground floor during that period.
“The whole story is false,” he said.
Senior advocate Siddharth Agarwal, who also appeared for Tejpal, said there were six documented versions of the victim prior to the registration of FIR in the case and in none of them, there was any reference of rape.
Tejpal’s counsel argued that evidence with respect to CCTV footage and the fact that the lift in which the occurrence is stated to have happened opens automatically whenever it stops, have not been duly taken into consideration.
