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Tarun Tejpal has a very weak case: Legal experts

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Few days after a law intern alleged that she was sexually assaulted by a retired SC judge, Tehelka’s editor-in-chief Tarun Tejpal hit headlines with a similar allegation. But with the new amendment in the Indian Penal Code, Tejpal has very few legal options left with him.

According to the IPC amendments on violence against women and the enactment of the law against sexual harassment in the workplace, Tejpal could be booked for a range of alleged offences, including rape by a person in position of trust and authority, criminal intimidation and sexual assault by use of criminal force.

Advocate Rekha Aggarwal told dna, “Tejpal has very weak case. The Goa police has already slapped him with section of sexual assault that carries a minimum punishment of 10 years in jail.”

“Even if the defence argues against rape, provisions relating to outraging the modesty of a woman under section 354 and abuse of position of authority to induce sexual intercourse under section 376 C of the IPC, which are punishable with five to 10 years’ of imprisonment, would be attracted,” she added.

“As per the amended law, rape is just not intercourse. The fact that he tried forcing himself upon her, disrobing her against her consent means there was an attempt to rape. And nobody can get away with this.”

Retired Delhi HC justice RS Sodhi said, “It is an employer-employee relationship which comes under the provisions of the new criminal law amendment Act. There’s no question of soft-pedaling in such a case and securing bail too is tough.”

As per a recent SC ruling, the police are duty-bound to register an FIR in a cognisable offence.

Another lawyer, Preeti Sharma, questioned the manner in which the magazine handled the complaint. “In a case as grave as this, merely resigning for a short period can’t be the end of the matter. A proper committee should have been constituted, then it should have taken action according to procedure and directed the police to register an FIR,” Sharma said.

Lawyers that dna spoke to were of the view that the coercion tactics, as alleged by the victim, being employed by Tejpal to withdraw the allegations can make his case worse and add other sections related to criminal intimidation.

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