The Karnataka Excessive Courtroom on June 5 upheld the acquittal of Pascal Mazurier, a former French diplomat, relating to expenses of raping his minor daughter.
The order by a Division Bench consisting of Justices Sreenivas Harish Kumar and Ok S Hemalekha was lately made publicly accessible. The matter was taken up by the Bench based mostly on a petition moved by the kid’s mom, difficult the 2017 order that acquitted Mazurier.
Mazurier’s spouse had filed a criticism alleging that her little one was sexually assaulted on three events in 2010 and twice in 2012 with the final being on June 13, 2012. The kid was slightly below 4 years previous on the time.
Mazurier was booked on expenses of rape in June 2012 whereas he was the Head of Chancery within the Consulate of France, Bengaluru. In October that 12 months, the Karnataka Excessive Courtroom granted bail to Mazurier, saying that there was no prima facie case in opposition to him.
The trial courtroom had acquitted Mazurier in 2017, stating that the spouse had used the kid as a method to forestall him from leaving the nation, noting that she had begun accumulating proof earlier than lodging the criticism and had taken assist from individuals linked to NGOs.
The lady’s counsel argued earlier than the Excessive Courtroom that the act of accumulating proof earlier than registering a criticism was pure warning and an inexpensive step to make clear her doubts. The counsel additionally argued that the medical proof had not been correctly appreciated. The kid’s mom mentioned that the delay in lodging the report was due to the accused’s monetary and emotional affect.
Mazurier’s counsel argued that your entire prosecution case was circumstantial and that if one hyperlink was damaged, the case would fail. It was asserted that the wedding was on the verge of ending, and the First Info Report (FIR) was false and associated to marital discord.
Story continues under this advert
Amongst different arguments, it was acknowledged that the urinary an infection which the kid was affected by was wrongly attributed as a symptom of sexual abuse.
With the spouse being one of many major witnesses, the Bench acknowledged, “Her assertion carries important weight however should be constant, dependable and free from main contradictions to maintain a conviction. The admission, such because the accused taking the household for outings, the sufferer’s medical situation being identified as urinary tract an infection, and remedy .. raises doubt in regards to the allegation of sexual abuse, notably the medical data assist another, non-criminal clarification for the sufferer’s signs”.
Relating to the truth that she had approached NGOs earlier than lodging the criticism, the courtroom acknowledged that although such a step was in keeping with concern for little one welfare,” the sequence involving repeated session, delayed police reporting, and referrals largely managed by NGO-linked personnel suggests a well-orchestrated build-up moderately than speedy, reactive reporting thus elevating doubt about spontaneity and credibility. The truth that PW.4 (the spouse) met numerous NGOs, docs, and authorized professionals earlier than the alleged triggering incident on 13.06.2012 raises a critical query in regards to the credibility of the report she filed on 14.06.2012.”
Amongst different points, the courtroom additionally acknowledged that the testimony of the alleged sufferer was inconsistent and indicated teaching.
Story continues under this advert
The courtroom mentioned, “Her (the minor’s) statements seem like inconsistent and missing coherence. She remembers occasions unrelated to the criticism and fails to recall components of early childhood, together with her faculty, mates, or travels. Importantly, she admitted being coached by her mom (PW.4), with guarantees of chocolate and a picnic in change for giving sure solutions in courtroom.”