How Tarun Tejpal verdict exposes trial court's 'bias and errors' in rape case
The Bombay High Court's judgment convicting former Tehelka editor-in-chief Tarun Tejpal in the 2013 rape case is being seen as much more than a verdict
The Bombay High Court's judgment convicting former Tehelka editor-in-chief Tarun Tejpal in the 2013 rape case is being seen as much more than a verdict in a single criminal trial. It is also a strong critique of how sexual assault cases should, and should not, be handled by the courts. The Goa bench of the Bombay High Court not only overturned the trial court's acquittal but also sharply criticised its reasoning, describing several findings as "perverse", biased and rooted in stereotypes about how a rape survivor is expected to behave. Read Full Story For those who closely follow the legal system, the judgment offers reassurance that higher courts continue to emphasise evidence over prejudice, and lived experience over outdated assumptions. TRIAL COURT CRITICISED FOR 'PERVERSE' FINDINGS The judgment, authored by Justice Neela Gokhale and Justice Amit S Jamsandekar, comes days after the Supreme Court reiterated guidelines on the handling of sexual offence cases and directed courts, police and prosecutors to undergo sensitisation training. The Supreme Court had warned of a "broader and systemic concern" affecting the justice delivery system. The Bombay High Court's observations appear to echo that concern. Setting aside the acquittal, the High Court said the trial court's conclusions were "directly contrary to the evidence on record" and suffered from "multiple fatal flaws" caused by preconceived notions and reliance on irrelevant or inadmissible material.
The judges observed that the trial court evaluated the survivor's testimony through the lens of stereotypes rather than evidence, ultimately resulting in a miscarriage of justice. 'SURVIVOR PUT ON TRIAL' One of the strongest criticisms of the verdict concerns the manner in which the survivor was cross-examined. The High Court expressed surprise that the trial judge remained largely silent while the defence subjected the complainant to an extensive and deeply personal cross-examination. According to the judgment, nearly half of the almost 1,000-page cross-examination focused not on the allegations against Tejpal but on the survivor's private life, past relationships, social media posts and personal responses to trauma. The bench noted that repetitive and invasive questioning appeared designed to humiliate and discredit the survivor rather than test the evidence. Despite this, it found that the complainant remained consistent throughout and that no material contradictions emerged in her testimony. The court also observed that attempts were made to undermine her account of trauma but concluded that the evidence instead strengthened her credibility. REJECTING THE 'PERFECT VICTIM' MYTH Perhaps the most significant part of the judgment is its rejection of what it called the "perfect victim" stereotype. The High Court said the trial court wrongly assumed that a survivor of sexual assault must behave in a particular manner to be believed.
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