An Assam-based Indian Police Service (IPS) officer, Gaurav Upadhyay, has been accused of molesting a minor. A special court in Assam recently ordered the framing of charges under the Protection of Children from Sexual Offences (POCSO) Act and other sections of the IPC against Upadhyay in the six-year-old case.
The incident, involving a 14-year-old girl, took place in December 2019, news agency PTI reported. A police case was registered in January 2020.
The Criminal Investigation Department (CID) probed the case and submitted its chargesheet against the IPS officer subsequently.
In its order, the special court said that there were "two incidents of sexual assault on the survivor" by the accused, who was the superintendent of police of Assam's Karbi Anglong at the time of the incident.
"The first assault occurred in the SP Bungalow at Diphu [town in Assam]. The second assault took place in the hotel room where the survivor was staying with her mother and brother," the court was quoted by news agency PTI as saying.
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 (i) and (l) of Section 9 of the POCSO Act and punishable under Section 10 of the same law.
The court's order reportedly stated that the 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 (IPC).
"In the circumstances, charges under Section 10 of the POCSO Act and Sections 354, 354A of the IPC are hereby framed," the special judge ruled.
Section 10 of the POCSO Act deals with the punishment for aggravated sexual assault, while Sections 354 and 354A of IPC are for offences related to assault or criminal force on a woman with the intent to outrage her modesty or sexual harassment.
Gaurav Upadhyay is an IPS officer of 2012 batch. He hails from Uttar Pradesh.
As per his LinkedIn profile, Upadhyay "transitioned into the Indian Police Service borne on Assam-Meghalaya Cadre" in 2012 and "served as Superintendent of Police in four challenging districts, overseeing Crime Detection and Prevention, managing Law and Order, Logistics etc."
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.
Gaurav Upadhyay said in his LinkedIn profile that he also has an extensive experience in the Information Technology sector.
"Holding a B.Tech in Information Technology and an MBA in IT and Marketing from the Indian Institute of Foreign Trade, he possesses a solid foundation in both technical and managerial domains," the profile read.
It added, "Over a span of nearly six years in IT Multinationals such as IBM, Black Box Corporation, and Dimension Data, he excelled in roles involving account management, market segment analysis, and business development across northern India."
Stay updated with the latest Trending, India , World and United States news. Follow all the latest updates on Israel Iran Conflict here on Livemint.