Assam POCSO court orders framing of charges against IPS officer in minor molestation case

In a significant development in a long-pending sexual assault case, a special POCSO court in Assam's Karbi Anglong has ordered the framing of charges against IPS officer Gaurav Upadhyay under the Protection of Children from Sexual Offences (POCSO) Act and sections of the Indian Penal Code (IPC). 

The case pertains to the alleged molestation of a 14-year-old girl in December 2019, when Upadhyay was serving as the Superintendent of Police of Karbi Anglong.

In her ruling, Special Judge R. Lal noted that there were two distinct incidents of sexual assault — one at the SP’s bungalow in Diphu and the other at a hotel room where the minor was staying with her family. 

The charge order, passed on June 19 and made public on Saturday, marks a critical step forward in a case that has remained stuck at the pre-trial stage for over four years.

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The incident was formally reported in January 2020, following which the Criminal Investigation Department (CID) investigated and submitted a charge-sheet against Upadhyay. 

The 2012-batch IPS officer, originally from Uttar Pradesh, is currently posted as Additional Secretary in Assam's Transport Department and holds key positions in two river and inland transport development bodies.

The court observed that the accused, by virtue of being in a position of authority and jurisdiction, attracted the aggravated sexual assault clause (Section 9(i) and 9(l)) of the POCSO Act, which is punishable under Section 10 of the same law. 

In addition, the court found sufficient grounds to frame charges under Sections 354 and 354A of the IPC for use of criminal force, unwanted physical contact, and sexual harassment.

Criticising the inordinate delay in prosecution, the judge stressed the legal mandate for speedy trials in POCSO cases and set August 21 as the date to record the accused’s plea on the charges.

The case has sparked renewed public debate on the pace of justice in crimes involving minors and the accountability of officers in positions of power.

(Inputs from PTI)