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Former French Diplomat Pascal Mazurier Acquitted Of Raping Minor Daughter [Read Judgment]
Apoorva Mandhani
22 April 2017 11:23 AM IST
Former French diplomat Pascal Mazurier was on Wednesday acquitted of the charge of raping his minor daughter, on the grounds that he was “falsely implicated” and was innocent.“Further looking from all angles, I am of the opinion that it is a case wherein the complainant intentionally with the help of N.G.O. and doctors has made the accused as scapegoat in order to restrain him from...
Former French diplomat Pascal Mazurier was on Wednesday acquitted of the charge of raping his minor daughter, on the grounds that he was “falsely implicated” and was innocent.
“Further looking from all angles, I am of the opinion that it is a case wherein the complainant intentionally with the help of N.G.O. and doctors has made the accused as scapegoat in order to restrain him from going out of India. Thus in my opinion, viewed from all angle, the prosecution has not made out prima-facie case beyond all reasonable doubt. Hence there is a serious doubt arises in this case and the Court has to give the benefit of doubt in favour of the accused,” Additional City Civil and Sessions Judge, Bangalore, B.S. Rekha observed.
The Court was considering a charge-sheet filed by the Assistant Commissioner of Police, on a complaint filed by Mr. Mazurier’s estranged wife, Ms. Suja Jones Mazurier. The wife had, in June, 2012, accused Mr. Mazurier of committing unnatural offences on his three and a half year old daughter. Mr. Mazurier was the Deputy Head of Chancery at the French Consulate in Bangalore at the time. He was arrested three days after the FIR was lodged. Later, he was granted bail.
The complainant had submitted a medical report from the Collaborative Child Response Unit (CCRU) of the Baptist Hospital, evidencing that the child had been raped.
The Court, however, noted that the victim had not sustained any bleeding injuries in her private parts. It also took into account the role played by the NGO-Enfold, opining that it had actively aided the wife in charging the accused with spurious allegations. It, therefore, observed that the wife, “to wreak vengeance on the accused has carefully hatched a plan (sic)”.
Further, while considering the circumstantial evidence, it oddly observed, “Further it is undisputed that the accused and the complainant were having regular sexual intercourse. Then what was the necessity for the accused to have sexually abuse on his own child is also throws doubt on the case of the complainant.” It also noted as relevant the fact that the husband and mother were not on good terms, and that she had been alleged to be a bad mother by the husband.
Read the Judgment here.