Solicitor Basic Tushar Mehta, showing for the Goa authorities, stated the excessive court docket has given him 4 weeks to give up solely to allow him to file an attraction and software for exemption from surrendering earlier than the apex court docket. “Benefit is a related consideration on this case. It’s a 10-year sentence for aggravated rape,” the highest regulation officer stated.
Countering Mehta’s submissions, Sibal stated, “It isn’t a rape in any respect”.
“How a lot time do you (Tejpal) have to give up?” the bench requested Sibal and senior advocate Aman Lekhi, who additionally appeared for Tejpal.
Sibal urged the bench to checklist the principle attraction for listening to as early as potential.
Tejpal’s plea was listed in chamber issues, the place circumstances are taken up for preliminary or procedural instructions after which positioned earlier than an everyday bench for listening to.
On August 24, the apex court docket stated it could take into account Tejpal’s plea looking for exemption from surrendering on Tuesday.
In its August 24 order, the bench had referred to the court docket’s 2006 resolution within the Mayuram Subramanian Srinivasan vs CBI case and stated it’s necessary to give up earlier than the attraction is to be heard.
“Due to this fact, till and except appropriate orders are handed on the appliance looking for exemption from give up, the attraction can’t be listed earlier than the court docket. Due to this fact, the prayer made to checklist the matter earlier than the court docket with out contemplating the appliance looking for exemption from give up can’t be accepted,” the bench stated.
On August 20, Tejpal moved the highest court docket difficult the August 6 order of the excessive court docket towards his conviction within the case.
Earlier, the Goa authorities moved the highest court docket looking for an enhanced sentence for the previous editor of Tehelka, contending that the case warranted imprisonment for all times.
In its petition filed within the apex court docket, the Goa authorities has contended that the sentence imposed by the excessive court docket is grossly disproportionate to the character and gravity of the offences dedicated by Tejpal.
In its 81-page judgment, the excessive court docket had termed the trial court docket’s 2021 order “perverse”, noting that it fell for the notion {that a} sexual assault complainant have to be a “good sufferer” and may conduct herself in a sure method in order to seem credible.
The excessive court docket additionally expressed robust disapproval of the way in which the defence put the sufferer within the dock and centered on her private life, and stated it discovered it stunning that the trial court docket “remained silent and allowed the defence to harass and humiliate her in the course of the cross-examination”.
Tejpal was convicted underneath a number of sections of the Indian Penal Code (IPC), together with 376(2)(f) (rape dedicated by an individual able of belief or authority), 354(a) (sexual harassment) and 354(b) (assault or use of prison pressure with intent to disrobe).
Beneath Part 376(2)(f), the utmost punishment is life imprisonment.
The excessive court docket had requested Tejpal to give up inside two weeks however later prolonged the interval to 4 weeks on a request from his attorneys.
(With inputs from PTI)
