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BHU hospital head, backed by V-C Tripathi, asked Fiji woman to 'sleep in his room' was convicted of sexual assault

The assault took place on August 25, 2012 in Fiji.

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Banaras Hindu University Vice-Chancellor G C Tripathi has been accused of trying to push through the faculty appointment of Dr O P Upadhyay, convicted of sexual harassment by a Fiji court. The issue of regularisation of  Dr Upadhyay's appointment as Medical Superintendent of Sir Sunderlal Hospital was discussed on Tuesday during Executive Council's meeting. One of the Executive Members raised the objection, mentioning Upadhyay's conviction in a sexual harassment case by a Fiji court. 

Testimony of 21-year-old Fiji woman

According to a report in The Indian Express, Fiji woman gave her testimony before a magistrate at Nasinu in January 2013. 
As per the Indian Express report, she deposed:  “He (Upadhyay) held my hand and insisted I should see the house. When we reached his room, he said I should come and sleep in his room. It was in Indian Hindi. He held my shoulder… rubbed my thighs… and kissed my cheek again.” Upadhyay was also accused of touching victim inappropriately at various places. 

The fact that he had met her for the first time that day and continued with his inappropriate behaviour convinced the court 
of Upadhyay's "indecent intentions".

Five-year-old case
The above assault took place on August 25, 2012, in Fiji. 
Upadhyay had moved to Fiji on deputation in 2012 as Advisor to the Vice-Chancellor of Fiji National University (FNU). 

Conviction
Upadhyay was convicted of "indecent assault" by a magistrate court. 

Appeal in the High Court of Fiji
Upadhyay, through his counsel, appealed in 2014. The High Court of Fiji turned down the appeal and upheld the conviction order which started with 18 months imprisonment for the indecent assault. 

The court order gives complete details of the assault and sequence of events that convinced it that prosecution had proved its case beyond reasonable doubts. 

Upadhyay's stand
“The university (BHU) had taken legal opinion in my matter and it was decided that the decision of a court abroad does not hold good in our country. Hence, I was interviewed and selected by the selection committee. I was on study leave (in Fiji). It was a case of extortion and because I resisted, I was falsely accused," Upadhyay reportedly told the Indian Express. 

Upadhyay, after his return to India, was handed charge as Medical Superintendent of Sir Sunderlal Hospital at BHU campus in April 2016. 

 

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