Bangalore, Feb 15:
A special public prosecutor Saturday filed an application in a local court here accusing French consular official Pascal Mazurier of committing sodomy on his minor daughter.
“The trial court has admitted our fresh application to prosecute Mazurier under section 377 of the Indian Penal Code (IPC), as there was prima facie evidence of him committing sodomy on the victim, which can be framed as an additional charge,” prosecutor B.T. Venkatesh told IANS.
Sessions court judge Shubha Gowdar directed the accused’s counsel to file objections to the application and adjourned the case till Feb 24.
“The trial date for prosecuting the accused in the sexual assault case under section 376 of the IPC will be fixed after the ruling on the fresh application for framing additional charge against the accused,” Venkatesh said.
Gowdar is also the special judge for the protection of child rights.
“Section 377 deals with unnatural offences such as carnal intercourse against the order of nature with any man, woman or animal and is punishable with imprisonment for life or with imprisonment of either description for a term, which may extend up to 10 years with fine,” Venkatesh said.
The trial court Feb 10 framed charges against Mazurier under section 176 of the IPC, which entails punishment for sexual assault.
The 40-year-old Mazurier, who pleaded not guilty, is on bail in the sexual abuse case.
He filed an application in the trial court seeking an order to discharge him from the criminal case on the grounds of insufficient evidence.
The criminal case was filed by Mazurier’s estranged Indian wife Suja Jones.
Police filed an additional charge sheet against Mazurier Jan 7, 2013, with a detailed report of doctors who said the daughter was sodomised and raped by the father over two years.
The child was examined by National Institute of Mental Health and Neuro Sciences doctors, including a psychiatrist and psychologists.
Mazurier was arrested June 19, 2012 after police registered a case against him June 15, under section 376 on a complaint by Jones accusing him of abusing their four-year-old child and alleging domestic violence against her.
The Karnataka High Court, however, granted him bail Oct 12, 2012 while the criminal case was pending in the session court for trial.