New Delhi: An IPS officer who has been charged in a case involving the sexual assault of a 13-year-old child has been appointed the superintendent of police in a district in Assam, reported the Indian Express.

The chargesheet in the case filed on March 31, 2020, against the IPS officer in question under Sections 354, 354A (assault or criminal force to outrage modesty, sexual harassment) of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.

The case, which had been registered on January 3, 2020, was investigated by the Assam Criminal Investigation Department and the chargesheet was submitted before the Special Judge, POCSO Act, Assam in the Kamrup Metropolitan district.

The chargesheet noted there was “sufficient evidence” to prove that the accused “committed aggravated sexual assault as defined under section 9(a)(iv) and section 9(c) of the POCSO Act, 2012, as well as offences under section 354 and 354 A of IPC”. The officer had previously been posted in Guwahati.

“The charge sheet was filed after investigation and evidence revealed [Gaurav] Upadhyay’s involvement in the case. The allegations against him have been established,” CID deputy superintendent Pradip Kumar Das told the Hindustan Times.

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Upadhyay, a 2012 batch IPS officer from Uttar Pradesh, was the police superintendent at Karbi Anglong when he allegedly sexually assaulted the girl in December 2019. He was transferred to Chirang last week as part of mass transfers of police officers after the new government took office this month.

Assam Director General of Police Bhaskar Jyoti Mahanta said that “the chargesheet is done,” and that the matter was “sub judice”. “If the court decides, he [the accused ] will be arrested as per law. Until the decision is given by the court, we have to use his services,” Mahanta said and added that the transfer order was issued by the state home department.

The alleged sexual assault took place on December 31, 2019, during a party at the accused's residence. Based on a complaint by the victim's mother, who is also a senior police officer in Assam, a case was registered against the officer at an all-women police station in Guwahati on January 3. As per the chargesheet, the minor said that the assault left her with “severe psychological trauma”. The case was later transferred to the CID, Assam.

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