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Supreme Court rejects Tarun Tejpal's plea to quash case, speeds trial instead

Tejpal was accused by a female colleague of raping her at a five-star hotel in Goa six years ago, but the trial was stayed after Tejpal approached the SC

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The Supreme Court on Monday rejected Tehelka magazine founder Tarun Tejpal's plea to quash the rape case pending against him since 2013 and ordered him to face trial. Finding the allegation against him too serious, the apex court also ordered the trial to be completed within six months.

Tejpal was accused by a female colleague of raping her at a five-star hotel in Goa six years ago, but the trial was stayed after Tejpal approached the apex court last year, questioning the manner in which charges were framed against him by a Goa court. His lawyer argued that the trial judge ought to have given the evidence against him, including the CCTV footage of the hotel, before framing him under provisions of Section 375 (rape) of the IPC.

However, the bench of Justices Arun Mishra, MR Shah and BR Gavai found no ground to accept this submission and instead, felt that a crime of this nature was so "abhorrent" that such crimes against society ought to be tried at the earliest. The bench noted that six years have gone by and such delay is not expected in a "serious allegation" of this nature.

‘SERIOUS ALLEGATION’

  • Tejpal was accused by a female colleague of raping her at a five-star hotel in Goa six years ago, but the trial was stayed after Tejpal approached the SC 
     
  • Finding the allegation against him to be too serious and ‘abhorrent’, the apex court also ordered that the trial be completed within six months 

On August 6, when the Court reserved orders on Tejpal's petition, the bench had asked his lawyer, senior advocate Vikas Singh, that if he had such a strong case to seek quashing of the allegation, then why did Tejpal apologise to the victim. The Goa Police, led by Solicitor General Tushar Mehta, had pointed out the fact to the court, submitting evidence in the form of WhatsApp messages and emails.

Singh had then submitted that it was convenient for anybody to allege sexual assault, but a copy of the evidence ought to be shared with the accused. The incident allegedly took place in the hotel's elevator.

Tejpal was arrested in the case on November 30, 2013 and was released on bail by the apex court in May 2014. He initially approached the Bombay High Court against the framing of charges under rape but the same was rejected on December 20, 2017. This order was later challenged by him in the apex court.

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