Assam Court Frames Charges Against IPS Officer in Sexual Harassment Case

In the order issued on June 18, R. Lal., the Special Judge, POCSO of Karbi Anglong framed charges under section 354 and 354A of the Indian Penal Code – provisions that pertain to criminal force to a woman “with intent to outrage her modesty” and sexual harassment – and Section 10 of the Protection of Children from Sexual Offences Act against Upadhyay and set July 21 as the next date of hearing. On that day, the court is scheduled to inquire whether he pleads guilty or intends to face trial.

The incident, involving a minor girl, allegedly took place in 2019 and a police case was registered in January 2020. The Criminal Investigation Department (CID) had probed the case and subsequently submitted its chargesheet against the IPS officer in 2021.

The court has recorded that there are two alleged incidents from 2019. In its order, the court noted that the case has been in the pre-trial for several years. On the June 18 hearing as well, the counsel for the accused had sought directions of the court to call for the investigating officer to produce statements of 13 witnesses not relied upon at the time of submitting the chargesheet.

“The chargesheet is for an offence under the Protection of Children from Sexual Offences Act. The legislature has mandated a time-bound completion of trial in such cases. Judicial precedents also direct the trial courts to expedite such cases, placing them on the fastest track possible. It is noted that this case has remained at the pre-trial stage for several years and further adjournment runs the risk of infringing Article 21 of the Constitution, a right available to the victim with equal vigour,” the order of the court said.

Mr Upadhyay, who is an IPS officer of the 2012 batch is currently serving as the additional secretary of the state transport department, the state project director of the Assam Inland Water Transport Development Society, and the project officer of Assam Integrated River Basin Management. It is significant that the victim family has been running from pillar to post to pursue a free and fair investigation into the case.