NEW DELHI: The Supreme Court on Tuesday rejected the rape convict and former Tehelka editor Tarun Tejpal’s plea seeking exemption from surrendering before his appeal against the Bombay High Court conviction is listed before the top court and ordered him to surrender within two weeks.
A bench of Justice Alok Aradhe also directed Tejpal to furnish the surrender certificate before the Court. The single-judge bench also agreed to list his criminal appeal on September 22, provided he submits the surrender certificate by then.
Tejpal had sought exemption from surrendering on the ground that his appeal should first be listed and heard by the Supreme Court. Senior Advocate Kapil Sibal, appearing for Tejpal, argued that the Court has the power to dispense with the requirement of surrender in an appropriate case and list the criminal appeal even where the accused has not surrendered.
Solicitor General of India (SGI) Tushar Mehta, appearing for the State of Goa, opposed the plea and submitted that the exemption application had to be considered in light of the merits of the case. He relied on the findings of the Bombay High Court and submitted that the case involved an aggravated offence of rape for which Tejpal had been sentenced to 10 years of rigorous imprisonment.
Justice Aradhe observed that the Court was considering the exemption plea precisely because it had the power to do so.
Sibal submitted that Tejpal’s case involved a challenge to the High Court’s reversal of his acquittal and that the merits of the appeal warranted consideration. The Court, however, made clear that it had gone through the High Court judgment and asked either party Tejpal and the State of Goa to confine its submissions to the question of exemption.
The Court asked how much time Tejpal would require to surrender. Following the submission that two weeks would be required, the Court rejected the application seeking exemption and directed Tejpal to surrender within two weeks and furnish proof of surrender.
The Court further directed that, if the surrender certificate is furnished, Tejpal’s appeal against the Bombay HC judgement be listed on September 22.
Tejpal’s appeal challenges the Bombay High Court judgment convicting him in the 2013 rape case and sentencing him to 10 years’ rigorous imprisonment. The High Court had reversed his acquittal by the trial court.
In his appeal, Tejpal has challenged the High Court’s appreciation of the victim’s evidence and other material relied upon to convict him. He has particularly relied on CCTV footage from the hotel lift in Goa where the alleged offence took place, arguing that the footage is inconsistent with the victim’s account.
According to Tejpal’s plea, the CCTV footage and the evidence of the hotel’s security manager show that the lift doors automatically opened on reaching a designated floor and remained open for at least four seconds. He has argued that the sequence captured on CCTV, including the movement of the lift while he and the victim were allegedly absent from it, was inconsistent with the prosecution’s version accepted by the High Court.
Tejpal has also relied on WhatsApp messages, emails, CCTV footage and the evidence of other witnesses to challenge the High Court’s assessment of the victim’s conduct following the alleged incidents. His plea contends that this material was inconsistent with the victim’s version on which his conviction was based.
The immediate issue before the Supreme Court, however, was limited to whether Tejpal could be exempted from surrendering so that his criminal appeal could be listed.
