Read Time: 09 minutes

Synopsis

The Thiruvananthapuram Fast Track Special Court recently sentenced clinical psychologist K. Gireesh to 26 years of rigorous imprisonment and fined him Rs.1.40 lakh for sexually abusing his 13 year old juvenile patient.

This is the second time the accused, Dr Gireesh K., who was an assistant professor in the Health Department, has been convicted under the Protection of Children from Sexual Offences (POCSO) Act. Last year, the Court sentenced Gireesh to six years in prison and a Rs. 1 lakh punishment for abusing another underage child during a counselling session.

The Single Judge Bench of Justice Aaj Sudarshan of Fast Track Special Court (POCSO), Thiruvananthapuram sentenced the psychologist to seven years imprisonment each under sections 9(c) (sexual assault by a public servant on a child), 9(k) (sexual assault after taking advantage of a child’s mental or physical disability) and 9(t) (sexual assault by a person who has been previously convicted for another office under the same law), and five years under Section 9(i) (repeated sexual assault on a child) of the Protection of Children from Sexual Offences Act (POCSO).

The bench further mentioned that default of fines would result in an additional four years in prison, and the sentences would run concurrently. The court determined that the survivor should get the entire fine amount as compensation.

The 13 years old boy and his parents used to visit the clinic for consultation. During this time, the accused sexually assaulted the minor victim boy on multiple occasions. He was also accused of criminally intimidating the juvenile victim into not telling anyone about the incident.

The minor’s mental health worsened as a result of the experience. The accused then referred the case to other doctors and threatened the child not to tell anyone about the occurrence. As a result, the child became terrified and did not speak up. The family then sought the advice of numerous more psychologists. In the year 2019, the child was brought to the psychiatry department of the Medical College Hospital he told the physicians about the occurrence during the case history.

Thereafter, the accused was charged under sections 506 (i) IPC, 9(c) r/w 10, 9(e) r/w 10, 9(k) r/w 10, 9(l) r/w 10, and 11 (iii) r/w 12 of the POCSO Act, 2012.

Counsel for the accused contended that he was a successful Clinical Psychologist. It was claimed that just before his appointment as Director of the Kerala State Institute for the Mentally Challenged, certain doctors from the Department of Psychiatry at the Medical College Hospital in Thiruvananthapuram had falsely foisted this case on him with the help of the Inspector of Police who had charged the accused in the previous case. It was claimed that the stated Inspector had received complaints for police harassment and unjustly incriminating the accused.

The Court in this instance noted that the defence could not produce any evidence of the doctors' enmity or envy towards the accused nor of the victim's family's anger towards the accused. Thus, the bench dismissed the accused’s allegations.

Further, the bench recalled the words of renowned American Psychologist Martin Elias Peter Seligman, “Psychology is much larger than curing mental illness or curing diseases. I think it’s about bringing out the best in people; it’s about positive institutions; it’s about the strength of character”. And here is a Clinical Psychologist who has remorselessly assaulted his patient, a boy for sexual gratification reminding him of the old proverb ‘What can be done when fences eat crops’.

Accordingly, the court found Gireesh guilty under offences punishable under Sections 9(c) (aggravated sexual assault by public servant) r/w 10 (Punishment for Aggravated Sexual Assault), 9(l) (aggravated sexual assault on the child more than once) r/w 10, and 9(k) (aggravated sexual assault by taking advantage of child's mental/physical disability) r/w 10.

Lastly, the bench while convicting him stated that sentencing the accused in this case is based on the evidence adduced and the gravity of the offence committed by him being a public servant and a Clinical Psychologist who owes certain duties to his client and the society and also on the child who approached him for curing his mental disorder along with the factors concerning the health issues as stated by the accused.

The prosecution was represented by Special Public Prosecutor, Sri.Vijay Mohan. R.S, who led the psychologist to a conviction.

Case Title: State vs. Dr. Gireesh K

Statute: Protection of Children from Sexual Offences Act 2012, Indian Penal Code