All materials on record are in favour of accused, says court
Observing that “the materials on record, including the DNA report, and the statements of witnesses at this stage are in favour of the accused,” the Karnataka High Court on Wednesday granted bail to Pascal Mazurier, Consular Attaché to the Consulate General of France, Bangalore, who is accused by his wife of raping their three-and-a-half-year-old daughter.
“At this stage, even the statement of the complainant [Suja Jones Mazurier] is also vague… and materials on record do not establish a prime facie case,” said Justice H.N. Nagamaohan Das while granting bail to Mr. Mazurier on the condition that he surrender his passport to the jurisdictional magistrate and not leave the court’s jurisdiction without the magistrate’s permission.
Bond and sureties
Mr. Mazurier will have to furnish a personal bond for a sum of Rs.1 lakh with two local sureties for a like sum, appear before the magistrate at every hearing, and should not influence prosecution witnesses.
The French national has been incarcerated since his arrest on June 19 after his wife filed a complaint on June 14 alleging that he had been sexually abusing their child since 2010, and had done so even as recently as June 13.
Quoting from the complaint, the court pointed out that Ms. Jones had taken the child for medical examination to Bangalore Baptist Hospital on June 5 and 6 where the doctor confirmed sexual abuse. The court wondered why no complaint was lodged immediately, while observing that the hospital report did not implicate the father.
Pointing out that according to Ms. Mazurier, the child told her that the father had hurt her, the court said this showed that the victim was capable of speaking but her statement was not recorded.
Justice Das said the chances of the accused tampering with evidence and interfering with witnesses did not arise as the statements of the witnesses — including the couple’s nanny, cook and driver — favoured him. Also, contentions about lapses in DNA analysis could be dealt with during the trial.
The court said granting bail would not influence the police as the investigation was already completed and charge sheet filed.