A special court in Assam has ordered the framing of charges under the POCSO Act and other sections of the IPC against IPS officer Gaurav Upadhyay in a six-year-old alleged sexual molestation case.
The special judge, Protection of Children from Sexual Offences court, Karbi Anglong, R Lal, in the order, said that there were “two incidents of sexual assault on the survivor” by the accused, who was the superintendent of police of that district at the time of the incident.
Accused attempted twice
The first assault occurred in the SP Bungalow at Diphu. The second assault took place in the hotel room where the survivor was staying with her mother and brother,” it said.
The incident, involving a 14-year-old girl, took place in December 2019 and a police case was registered in January 2020. The Criminal Investigation Department had probed the case and submitted its charge-sheet against the IPS officer subsequently.
An IPS officer of 2012 batch hailing from Uttar Pradesh, Upadhyay is currently the additional secretary of the state Transport Department; State Project Director, Assam Inland Water Transport Development Society; and Project Officer, Assam Integrated River Basin Management.
The judge noted that as Upadhyay was the Karbi Anglong SP at the time of the incident, it occurred within the limits of his jurisdiction and control as a police officer, attracting clauses and of Section 9 of the POCSO Act and punishable under Section 10 of the same law.
Court tells to frame charges
Use of “criminal force to kiss” the victim and “physical contact and advances” by touching her private parts, as stated specifically by the minor in her statement, leads to charges under Sections 354 and 354A of the Indian Penal Code , the order said.
It also said that the case has remained at the pre-trial stage for several years, whereas judicial precedents direct trial courts to expedite such cases with the legislature also mandating a time-bound completion of trial in POCSO Act cases.
The special judge has fixed August 21 as the date for recording the accused's plea concerning the charge and necessary order.
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