The Bombay High Court on Thursday convicted journalist Tarun Tejpal of raping a junior colleague in 2013 and sentenced him to 10-year rigorous imprisonment as it reversed a Goa trial court’s 2021 verdict, terming it “untenable”, “perverse” and “directly contrary to the evidence on record”.While convicting Tejpal under Sections 376(2)(f) and (k) (rape), 354 (outraging modesty), 354A (sexual harassment), 354B (assault with intent to disrobe), 341 (wrongful restraint) and 342 (wrongful confinement) of the IPC, the High Court also imposed a fine of Rs 10,21,000, which will go to the victim.A Bench of Justice Neela Gokhale and Justice Amit Jamsandekar of the Goa Bench of the Bombay High Court slammed the trial court for falling prey to the notion that a complainant (rape survivor) in such cases should be a “perfect victim” and behave in a certain way.“The appreciation of evidence by the trial court is not only unreasonable but perverse. The conclusions arrived at by it are untenable and, in the established facts and circumstances of the case, the view expressed by it is not a possible view,” it said, allowing the state’s appeal against Tejpal’s acquittal.“A judge does not preside over a criminal trial merely to see that no innocent man is punished. A judge also presides to see that a guilty man does not escape,” the High Court said, adding, “We find it surprising that the (trial) court allowed the defence to use this time to harass and humiliate her.”“I am 62, and I believe I am a victim. I have a wife, and there’s not much else to say. All that I can say is we can go and appeal. Please be lenient with me…,” Tejpal, who claimed to be a political victim, told the High Court after the conviction verdict.However, on behalf of the Goa Police, Solicitor General Tushar Mehta opposed his leniency plea. “Despite the victim being a girl of his daughter’s age, he committed an offence… He was a father figure… shouldn’t have indulged in this… A precedent must be set… The victim refused but he kept advancing on two subsequent days… This court must give out a clear message to society that when a girl says no, it means no. A ‘no’ means ‘no’,” Mehta submitted.Tejpal is expected to challenge the High Court’s verdict before the Supreme Court.On November 18, 2013, the victim complained to Tehelka’s then Managing Editor about the November 7 and November 8, 2013, incidents. The next day, Tejpal sent a formal unconditional apology to the victim for the “shameful lapse of judgment”.Tejpal was arrested on November 30, 2013, in the case. In February 2014, the Goa Police crime branch filed a chargesheet against him. He, however, was granted bail by the Supreme Court in July 2014. The prosecution’s case was based on statements of the victim, her colleagues and electronic evidence such as CCTV footage, emails and WhatsApp messages.In May 2021, a special court at Mapusa in Goa acquitted Tejpal of the charges of sexual assault and rape, saying there was no material on record to corroborate the allegations levelled by the victim and that her deposition “shows improvement, material contradictions, omissions and change of versions, which does not inspire confidence”.However, the High Court found fault with the trial court for doubting the victim’s testimony. “The testimony of the victim, in our view, is quite natural, inspires confidence and merits acceptance… There is nothing on record that creates any doubt/disbelief or a suspicion about the evidence of the victim,” the Bench said in its 81-page verdict.