{"id":8753,"date":"2026-07-02T17:11:25","date_gmt":"2026-07-02T11:41:25","guid":{"rendered":"https:\/\/www.shoneekapoor.com\/legal-news\/?p=8753"},"modified":"2026-07-02T17:14:21","modified_gmt":"2026-07-02T11:44:21","slug":"man-acquitted-in-goa-rape-case","status":"publish","type":"post","link":"https:\/\/www.shoneekapoor.com\/legal-news\/man-acquitted-in-goa-rape-case\/","title":{"rendered":"Man Acquitted In Rape Case Of US Woman After She Failed To Testify And Medical Evidence Did Not Prove Sexual Assault: Goa Court"},"content":{"rendered":"\n

Can a yoga teacher be convicted when the complainant does not testify? Goa court says No, and acquits the accused after holding that the US national complainant was the best witness to prove what allegedly happened.<\/strong><\/strong><\/h2>\n\n\n\n

PANAJI: <\/em>A yoga teacher was acquitted by the Fast Track Special Court at Panaji, Goa<\/strong>, in a 2017 rape and sexual assault case<\/a><\/strong> after the foreign complainant did not appear before the court to prove the allegations. The order was passed by Pooja C. Kavelkar,<\/strong> Presiding Officer of the court.<\/p>\n\n\n\n

The case began after a US national alleged that she had enrolled herself in a tantra course in Goa<\/strong>. The course was allegedly scheduled from February 1, 2017 to February 5, 2017 at an institute run by the accused.<\/p>\n\n\n\n

According to the complaint, the woman alleged that during a session on February 2, 2017, the accused asked her to remove her clothes on the pretext of giving her a \u201ctantric massage\u201d. She further alleged that the accused also removed his clothes and sexually assaulted and molested her by touching her and inserting fingers in her private parts.<\/p>\n\n\n\n

The complainant had also alleged that the accused induced her and her friends to pay money for the course but did not conduct proper yoga classes and failed to provide the facilities that were promised to them. She further alleged that the accused had committed a similar act with her friend, who was also a foreign national.<\/p>\n\n\n\n

On the basis of the complaint, Goa Police booked the accused under Section 376 of the Indian Penal Code for rape, Section 354A for sexual harassment, and Section 420 for cheating<\/strong>.<\/p>\n\n\n\n

During the trial, the prosecution examined 19 witnesses<\/strong> before the court, including medical experts and other witnesses connected with the investigation. However, the complainant herself did not appear before the court to give her evidence<\/strong>.<\/p>\n\n\n\n

The court noted that in such a case, the complainant was the most important witness<\/strong> because she was the person who could directly tell the court what had happened during the alleged incident. Since she did not enter the witness box<\/strong>, the court held that it could not convict the accused only on the basis of other material available on record.<\/p>\n\n\n\n

The court also considered the medical evidence produced by the prosecution. However, it found that the medical evidence<\/a> did not conclusively establish sexual assault<\/strong>.<\/p>\n\n\n\n

While acquitting the accused, the court observed:<\/p>\n\n\n\n

\u201cThe best witness to state before the court as to what had happened was the victim herself. As she has not appeared before the court, this court cannot convict the accused based on the other material on record. The medical evidence also does not conclusively establish sexual assault. Hence the accused is entitled for an acquittal.\u201d<\/em><\/strong><\/p>\n\n\n\n

The court finally held that because the complainant did not testify before the court and the medical evidence was not conclusive, the prosecution failed to prove the case against the accused. <\/strong>He was therefore acquitted<\/strong> in the 2017 case.<\/p>\n\n\n\n

EXPLANATORY TABLE: LAWS AND SECTIONS INVOLVED<\/strong><\/h3>\n\n\n\n
Law \/ Section<\/strong><\/td>Purpose<\/strong><\/td>Relevance In This Case<\/strong><\/td><\/tr><\/thead>
IPC Section 376<\/strong><\/td>Deals with rape and serious sexual assault.<\/td>Added because the complainant alleged sexual assault during the tantra session.<\/td><\/tr>
IPC Section 354A<\/strong><\/td>Deals with sexual harassment and unwanted sexual conduct.<\/td>Added because the complainant alleged inappropriate touching and molestation.<\/td><\/tr>
IPC Section 420<\/strong><\/td>Deals with cheating and dishonest taking of money.<\/td>Added because the complainant alleged that money was taken but proper classes and facilities were not given.<\/td><\/tr>
Proof Beyond Reasonable Doubt<\/strong><\/td>Prosecution must prove guilt with strong evidence.<\/td>The court found that the case was not proved beyond reasonable doubt.<\/td><\/tr>
Victim\u2019s Evidence<\/strong><\/td>Victim\u2019s testimony is important in sexual offence cases.<\/td>The complainant did not testify, which became a key reason for acquittal.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

CASE DETAILS<\/strong><\/h3>\n\n\n\n