The Panaji Fast Track Special Court has
acquitted 38 year old yoga instructor Pratik alias Prateek
and Yogi Chaitanya Agarwal, who was accused of sexually assaulting
and cheating a foreign student in 2017 under the pretext of offering
a "Tantric massage". The trial court, while acquitting the
accused, ruled that the prosecution failed to establish the criminal
charges beyond reasonable doubt, primarily because the complainant
never appeared in court to give evidence.
The case dates to
February 2, 2017, when the alleged incident occurred at a yoga centre
in Korgao, Pernem. According to the initial police complaint, the
accused, acting as a yoga instructor, directed the complainant to
remove her clothes under the guise of giving a therapeutic massage
and subsequently molested and sexually assaulted her. Additionally,
the accused was charged with cheating for allegedly inducing the
victim and her friends to transfer money online for a yoga course
without providing classes or the promised facilities.
During
the trial, the prosecution examined 19 witnesses, including medical
experts, police personnel, and independent panch witnesses. However,
the investigating officer informed the court that the state could not
secure the presence of the victim to testify.
In the judgment,
the trial court stressed the absolute necessity of direct testimony
in such criminal proceedings, stating, "The best witness to
state before the court as to what had happened was the victim
herself." Because she did not depose, the statement recorded in
the initial complaint lacked legal corroboration.
Furthermore,
medical testimony provided by expert witnesses was inconclusive.
Genital and physical examinations performed shortly after the
incident did not yield definitive proof of sexual assault, and a
dermatology screening found no transmissible conditions. Fingerprint
experts from the Verna Bureau also confirmed that no clear chance
prints were recovered from the scene of the alleged
offence.
Consequently, the court gave the accused the benefit
of the doubt and acquitted him of all charges.
