Conditional bail for diplomat arrested for raping daughter
18 Oct 2012 5:52 AM IST
Karnataka High Court on Wednesday granted conditional bail to French diplomat Pascal Mazurier, arrested for allegedly raping his minor daughter, observing that circumstantial evidence did not 'specify' that he had committed the offence.
Allowing Mazurier's bail plea, Justice H N Nagamohan Das said there was a delay in lodging the complaint and sought to know the reason for it as, though the incident was reported to have taken place on 13 June, it was filed by Pascal's wife Suja Jones only the next day. The court said there were no eyewitnesses to the incident.
Mazurier was granted bail on the condition that he furnish a personal bond of Rs one lakh with two local solvent sureties for the like sum.
The court also asked him to surrender his passport with the jurisdictional magistrate, not to leave the jurisdiction of the court without prior permission and in no manner tamper with the prosecution witnesses.
Mazurier, Consular Attache to the Consulate General of France here, was arrested on 19 June following a complaint by his wife, a native of Kerala, alleging that he had raped their three-and-a-half year old daughter.
A Fast Track Court had earlier rejected the bail plea of Mazurier, who was charge sheeted on September 17 under Section 376 of IPC for allegedly raping his minor daughter.
The court said, 'According to the complainant [Suja Jones], the minor girl told that the petitioner had hurt her. Thus the victim is capable of speaking and her statement is not recorded.'
It said circumstantial evidence based on the statements given by three witnesses, nanny Geeta, Jyothi, the cook and Charles, the driver 'do not specify that the petitioner committed the offence. At this stage, even the statement given by the complainant is vague, not definite and clear'.
Allowing Mazurier's bail plea, Justice H N Nagamohan Das said there was a delay in lodging the complaint and sought to know the reason for it as, though the incident was reported to have taken place on 13 June, it was filed by Pascal's wife Suja Jones only the next day. The court said there were no eyewitnesses to the incident.
Mazurier was granted bail on the condition that he furnish a personal bond of Rs one lakh with two local solvent sureties for the like sum.
The court also asked him to surrender his passport with the jurisdictional magistrate, not to leave the jurisdiction of the court without prior permission and in no manner tamper with the prosecution witnesses.
Mazurier, Consular Attache to the Consulate General of France here, was arrested on 19 June following a complaint by his wife, a native of Kerala, alleging that he had raped their three-and-a-half year old daughter.
A Fast Track Court had earlier rejected the bail plea of Mazurier, who was charge sheeted on September 17 under Section 376 of IPC for allegedly raping his minor daughter.
The court said, 'According to the complainant [Suja Jones], the minor girl told that the petitioner had hurt her. Thus the victim is capable of speaking and her statement is not recorded.'
It said circumstantial evidence based on the statements given by three witnesses, nanny Geeta, Jyothi, the cook and Charles, the driver 'do not specify that the petitioner committed the offence. At this stage, even the statement given by the complainant is vague, not definite and clear'.
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