India court sentences clinical psychologist for sexual abuse of minor patient

A court in India has convicted a clinical psychologist to seven years rigorous imprisonment for the sexual assault of a 13-year-old boy who used to consult in a counselling centre run by him.

This is the second such case under the country's Protection of Children from Sexual Offences (POCSO) Act against the accused, Dr. Gireesh K., in which he has been convicted. 

Last year, the Court had sentenced Gireesh to six years' rigorous imprisonment along with a fine for the abuse of another minor boy during a counselling session.

The accused, aside giving counselling to people with mental disorders, victims of abuse, and so on, was also working as an Assistant Professor in a Heath Department.

The 13 year old victim thus used to visit the counselling center run by the accused along with his parents for consultation between December 6, 2015 till February 21, 2017. It was during this time that the accused had sexually assaulted the minor victim boy on more than one instance, the prosecution told the court. 

He was also accused of criminally intimidating the minor victim from disclosing the incident to anyone. The victim disclosed the case two years after the incident.

Counsels for the accused argued that he was a clinical psychologist who had flourished in his career. It was alleged that just before his appointment as Director of the Kerala State Institute of Mentally Challenged, certain doctors of the Department of Psychiatry, Medical College Hospital, had falsely foisted this case upon him with the connivance of the Inspector of Police, who had charge-sheeted the accused in the earlier case. 

They also averred that there had been complaints against the said Inspector for police harassment and falsely implicating the accused.

The Court in this case noted that the defence could not bring out any material to show existence of any animosity or jealousy of the doctors towards the accused nor the animosity shown by the family of the victim to the accused, and accordingly brushed aside the arguments raised by the accused. 

Rejecting the other contentions of the accused, the Court added,
"Mere presence of interns inside the cabin present in his consulting room does not mean that they would be watching or listening to the secret and confidential talks between the patient and the accused...The evidence given by PW3 and PW4 clearly shows that the accused used to talk to them first whenever they had taken PW2 for consultation and after that he used to call PW2 to the consulting room and the consultation always took place behind closed doors while they used to wait outside the consultation room in the visitor’s waiting area."

The Court found Gireesh guilty for aggravated sexual assault on a child more than once and aggravated sexual assault by taking advantage of child's mental/physical disability. 

He was however acquitted of the offences for punishment for criminal intimidation and sexual harassment by showing object to child in any form or media for pornographic purposes.