Karnataka HC upholds acquittal of former French consulate staffer Pascal Mazurier from charge of raping minor daughter

The High Court of Karnataka has upheld the trial court’s verdict of acquitting Pascal Mazurier, a former employee with the French Consulate in Bengaluru, from the charges of raping the then three-and-a-half-year-old daughter in 2012.

A division bench comprising Justice Sreenivas Harish Kumar (now retired) and Justice K.S. Hemalekha passed the order on June 5 while dismissing an appeal filed by Suja Jones Mazurier, wife of Mr. Pascal and mother of the child.

Ms. Suja, who had lodged complaint against her husband in June 14, 2012, had questioned the correctness of the trial court’s April 19, 2017 verdict of acquitting Mr. Mazurier.

“...the complainant [Ms. Suja] intentionally with the help of NGO and doctors has made the accused [Mr. Maxurier] 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,” the trial court had said in its verdict.

While stating that the trial court was justified in acquitting Mr. Mazurier there is no reasons to interfere with the order of acquittal, Justice Hemalatha, who authored the verdict, said: “In view of the totality of medical, psychological and testimonial evidence, we find that the prosecution has failed to appreciate the guilt of the accused beyond reasonable doubt. The medical findings do not support the charge and the testimonies are riddled with inconsistencies and procedural lapses.”

It was alleged by Ms. Suja that her husband had sexually assaulted daughter in April 2010, May 2012 and on June 13, 2012, based on which she had lodged the complaint with the police on June 14, 2012.

However, analysing Ms. Suja’s co-ordinations with various NGOs, advocates and medical professional much prior to triggering incident of alleged rape of the child on June 13, 2012, both the trial court and the High Court have said that complainant’s such approach raises serious questions about the credibility of the complaint lodged on June 14, 2012.

The High Court also agreed with the finding of the trial court, which had said that it could not rule out that defence that complainant appeared to have falsely implicated her husband to prevent him from leaving the country with the children as he was planning to seek divorce from her due to her behaviour

“Timing of the complaint suggests that she has been preparing to initiate legal action or build a case regardless of any specific incident on that day. The delayed complaint (from alleged incident in April 2010 to filing in June 2012) and the victim’s prior medical history of genital infection further raises a doubt about the credibility and timing of the allegation,” the High Court observed.

While pointing out that steps like meeting NGOs, legal and medical professional may be consistent with concern for child welfare, the Bench said that “the sequence involving repeated consultation, delayed police reporting, and referrals largely controlled by NGO-linked personnel suggests a well orchestrated build-up rather than immediate, reactive reporting thus raising doubt about spontaneity and credibility”.

Published - June 16, 2025 09:53 pm IST