Karnataka High Court Upholds Acquittal of Ex-French Diplomat Accused of Sexually Abusing Daughter
The Karnataka High Court recently dismissed an appeal challenging the acquittal of Pascal Mazurier, a former French diplomat accused of sexually assaulting his minor daughter in 2012.
Court held that the prosecution failed to prove the charges beyond reasonable doubt and upheld the trial court’s 2017 verdict acquitting Mazurier of charges under Sections 376(2)(f) and 377 of the IPC.
A division bench of Justice Sreenivas Harish Kumar and Justice K.S. Hemalekha noted inconsistencies in the victim’s statements, lack of corroborative medical evidence, and procedural lapses, including the non-examination of key witnesses.
Importantly, the bench highlighted that the child admitted during cross-examination that she was offered chocolates and picnics in exchange for making specific statements.
"Her statements appear to be inconsistent and lacking coherence- she recalls events unrelated to the complaint...and fails to recall parts of early childhood.... Importantly, she admitted being coached by her mother,” the court pointed out.
The case, filed by Suja Jones Mazurier—wife of Mazurier and mother of the alleged victim—alleged that Mazurier sexually assaulted their daughter multiple times, including a specific incident on June 13, 2012, when the child was 3 years and 10 months old. According to Jones, she returned home that day to find her daughter crying and observed redness in her private parts, after the child had been alone with Mazurier for over an hour. The child reportedly identified her father as the abuser.
The appeal against conviction cited expert testimonies from doctors at Baptist Hospital and NGOs like ENFOLD, claiming signs of abuse were evident. The mother also pointed to drawings by the child and behavioral signs suggesting trauma. However, the high court found these claims insufficient and riddled with inconsistencies.
Court also found that Jones had consulted multiple NGOs, lawyers, and doctors even before the alleged June 13 incident, suggesting a pre-emptive build-up to the complaint.
“This coordination shows a pre-litigation consultative process… suggesting a well-orchestrated build-up rather than immediate, reactive reporting,” the bench noted.
Further undermining the prosecution’s case was the DNA evidence. While Mazurier’s DNA was detected on certain clothes, the victim’s DNA was not—an inconsistency that led the court to question whether the garments were genuinely connected to the alleged assault. Court noted that without the victim’s DNA on clothes allegedly worn during the assault, the forensic link remained unproven.
Moreover, court noted that a key witness—the maid who was allegedly present in the house during the assault—was never examined by the prosecution, despite her statement being recorded during investigation that "Mazurier was caring for the children and there was no wrongdoing". This, the bench said, created a material gap in the evidentiary chain.
Though the appellant relied on Supreme Court precedents affirming that the sole testimony of a rape survivor can be sufficient for conviction, the high court held that the inconsistencies, lack of credible medical and DNA evidence, and testimonial contradictions tilted the balance in favour of the accused.
Dismissing the appeal, the bench observed that between ‘may be true’ and ‘must be true,’ there was a long distance the prosecution failed to travel.
Case Title: Ms. Suja Jones Mazurier Vs. State of Karnataka and Another
Download judgment here