Daijiworld Media Network - Panaji
Panaji, Jun 30: 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 court, while clearing the accused of all charges, observed that the prosecution failed to prove the allegations beyond reasonable doubt, mainly because the complainant did not appear before the court to give evidence.
The case dates back to February 2, 2017, when the alleged incident took place at a yoga centre in Korgao, Pernem. According to the original police complaint, the accused, who was working as a yoga instructor, allegedly asked the complainant to remove her clothes on the pretext of providing a therapeutic massage and later assaulted her.
The accused was also charged with cheating, with police alleging that he had collected money online from the complainant and her friends for a yoga course but allegedly failed to provide the promised classes and facilities.
During the trial, the prosecution examined 19 witnesses, including medical experts, police officials and independent panch witnesses. However, the investigating officer informed the court that efforts to secure the presence of the victim for testimony were unsuccessful.
In its judgment, the court highlighted the importance of the victim’s direct evidence in such cases and stated that the complainant was the “best witness” to explain the alleged incident. Since she did not appear before the court, the statement given in the initial complaint could not receive legal confirmation.
The court also noted that medical evidence did not conclusively establish sexual assault. Examinations conducted after the alleged incident, including physical and genital examinations, did not provide definite proof of assault. A dermatological examination also found no evidence of transmissible conditions.
Fingerprint experts from the Verna Bureau further informed the court that no clear chance fingerprints were recovered from the alleged crime scene.
Considering the lack of direct testimony and insufficient supporting evidence, the court granted the accused the benefit of doubt and acquitted them of all charges.