In a significant ruling, the Goa Bench of the Bombay High Court dismissed a rape case against a local musician, noting that while the first instance of sexual interaction was non-consensual, subsequent encounters between the parties occurred with mutual consent. The bench, consisting of Justices MS Karnik and Valmiki Menezes, emphasized the complainant’s awareness and capacity to make informed decisions about her relationship with the musician.
The musician, a 32-year-old from Fatorda, was initially accused of rape by a 38-year-old woman following a complaint filed in January 2024. The two had met at October Fest in Panaji and later developed a relationship through social media. The first incident of alleged sexual assault took place on January 8, after the musician had expressed his intent to marry the woman. According to the complainant, the musician coerced her into sex, reassuring her by stating his intentions of marriage.
In the days that followed, the couple reportedly engaged in sexual relations multiple times, with the woman believing in his promise of marriage. However, the musician soon distanced himself, citing family disapproval due to her past civil registration with another man, leading the woman to file a complaint after discovering her pregnancy.
The court noted that while the complainant did not consent to the initial encounter, the later interactions between the two were consensual. The judgment highlighted the woman’s maturity and understanding of the implications of her continued relationship with the musician, determining that the criteria for a rape charge based on misconception of consent were not met.
The case was ultimately dismissed, with the court ruling that the evidence did not substantiate the accusation of rape.
