The Goa government has moved the Supreme Court seeking life imprisonment for former Tehelka editor-in-chief Tarun Tejpal in the 2013 sexual assault case. In a Special Leave Application filed this week, the State argued that 10-year rigorous imprisonment awarded by the High Court of Bombay at Goa was ‘grossly disproportionate to the nature and gravity of the offences’ committed by him.
The State’s challenge to the High Court’s verdict pertains to the sentence, making it clear that the prosecution does not seek to reopen the findings of conviction.
“The challenge is confined to the quantum of sentence and the direction for concurrent operation of sentences. The State relies only upon the findings and circumstances already recorded by the High Court to demonstrate that the sentence imposed is manifestly inadequate,” the government submitted.
Advocate General Devidas Pangam said the State had challenged the reduced sentence on three principal grounds. “First, the passage of time cannot by itself justify a lesser sentence. The fact that the offence was committed many years ago should not be a ground for reducing the sentence,” he explained, speaking to reporters on Wednesday.
The State also pointed out that the offence was repeated the following day. “The offence was committed on November 7, 2013 and repeated on November 8, 2013. This shows the seriousness of the accused’s conduct...” he added.
The State has further cited the manner in which the survivor was treated during the trial, including the attempt to assassinate her character. “Such incidents should not happen to any woman, and the (quantum of) sentence must reflect the gravity of the offence. There has to be a strong deterrent message,” Pangam said.
The SLP has sought enhancement of the sentence to life imprisonment, which the State has described as the maximum sentence prescribed for the offences involved.
While sentencing Tejpal to 10 years' rigorous imprisonment and a Rs 10.21 lakh fine in its order pronounced on August 6, the High Court noted the victim also suffered similar consequences as she was compelled to resign. “She also suffered profound embarrassment during trial.”
At the same time, the court recorded mitigating circumstances while deciding the sentence, stating that the incident took place 13 years ago. “The Respondent is a Senior Citizen with a family of his wife and two daughters; there is no report of any misconduct by the Respondent or an allegation of having committed any offence post the acquittal order. Both parties must have by now moved on with their lives,” it said while granting Tejpal four weeks to surrender.
