The Karnataka High Court on Thursday reserved its verdict on the bail plea of Pascal Mazurier, Consular Attaché to the Consulate General of France, who has been accused by his wife of raping their three-and-a-half-year-old daughter.
During the arguments, Senior Counsel Pramila Nesargi, counsel for Suja Jones Mazurier, wife of the accused, claimed that “there is a video in which Pascal is alleged to have been found abusing his daughter”.
To this, Justice H.N. Nagamohan Das asked if there is such a video, why was it not produced before the investigating agency or mentioned in the complaint against the accused. Then Ms. Nesargi argued that the investigation itself has been conducted in a haphazard manner with a third investigating officer taking over the probe recently. She also pointed out that so far only an interim charge sheet has been filed before the trial court as the investigation is still incomplete.
‘No conclusive proof’
State Public Prosecutor (SPP) H.S. Chandramouli submitted that the investigation is still incomplete as the medical examination is yet to yield conclusive evidence on the rapist’s identity even though it has been established that the child had been sexually abused.
Terming this as a “peculiar circumstance”, the SPP opposed grant of bail to the accused as investigation is yet to be completed. But Justice Nagamohan Das asked him why they needed Mr. Mazurier to remain in custody.
On the other hand, Senior Counsel C.V. Nagesh, appearing for Mr. Mazurier, contended that the DNA report had “exonerated” the accused saying there was no evidence that his client was guilty of his child’ rape.
However, Ms. Nesargi contended that the DNA report was defective as the Forensic Science Laboratories, which conducted the test, is “headless” and there were no qualified staff to conduct the test.
While reserving the order, Justice Nagamohan Das issued direction for getting the records of the case before the trial court.
The High Grounds Police booked a case of rape against Mr. Mazurier on June 14 based on a complaint by Ms. Mazurier, and he was arrested on June 19.
The Fast Track Court I, Bangalore, had, on July 27, rejected his plea for bail while observing that “though DNA test has not tallied with the DNA profile of the accused, bail cannot be granted to him only on this ground”.