The Karnataka High Court has upheld the acquittal of a father accused of sexually abusing his minor daughter, ruling that the charges were not proven beyond a reasonable doubt. The complaint was filed by the child’s mother, Suja Jones Mazurier, who alleged repeated instances of sexual assault between 2010 and 2012.
A division bench of Justice Sreenivas Harish Kumar and Justice K.S. Hemalekha dismissed the mother’s appeal against the trial court’s order, which had earlier acquitted the father, Pascal Mazurier.
According to the complaint, the alleged incidents took place in April 2010, May 2012, and June 2012, when the child was just 3 years and 10 months old. However, the trial court found inconsistencies in the mother’s statements and noted that she had involved NGOs, doctors, and legal professionals before lodging the FIR in June 2012. This raised doubts about the spontaneity and credibility of her allegations.
The High Court observed that the complainant had been preparing evidence before filing the case, creating suspicion that the allegations were part of a pre-planned strategy linked to marital disputes and custody battles. It also noted that the victim admitted in court that she had been coached by her mother with promises of chocolates and outings in exchange for her testimony.
Medical evidence presented by doctors, including Dr. Roshini P. Rao, Dr. Madhuri Murali, and Dr. Nalini, revealed no conclusive signs of sexual abuse. Redness and minor scratch marks were noted but were not definitive proof of assault.
A crucial lapse in the prosecution’s case was the failure to examine the maid, Geeta, whose testimony could have provided independent verification of the claims. The Court held that this omission created a major gap in the evidence, weakening the prosecution’s case further.
The bench emphasized that while a conviction can be based on the sole testimony of a credible witness, in this case, the inconsistencies, delays, and lack of corroboration meant the prosecution failed to meet the standard of proof required in criminal cases.
As a result, the Court confirmed the trial court’s ruling and acquitted the father, stating that the allegations appeared to have stemmed from marital discord rather than proven acts of abuse.
Case Title: Ms. Suja Jones Mazurier v. State of Karnataka & Anr.
Case No.: Criminal Appeal No. 1050 of 2017
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