A French diplomat posted in Bangalore was booked on Friday by the High Grounds police on charges of raping his three-and-a-half year-old daughter.
A case under Section 376 of the IPC has been registered against Pascal Mazurier, Chief of Joint Chancellerie at the French Consulate in the City, on a complaint from his wife, Suja Jones Mazurier.
The police said they had not arrested Mazurier, 39, a resident of Pine View Apartment, Edward Road, Vasanthnagar.
“We have neither detained nor arrested the officer. He is cooperating with the police. We are verifying the evidence and analysing medical records and eye-witness accounts,” DCP (Central) B R Ravikanthegowda told reporters.
Seeking action against Pascal and safety of her daughter, Suja alleged that her husband had sodomised the child.
Suja, an Indian by birth and a native of Kerala, was married to Pascal on October 20, 2001 at Port St Marie in France. The couple have three children – two sons born in 2005 and 2010 respectively and a daughter born on August 2, 2008.
All the three children are French citizens. The couple came to India in 2008 and are living in Bangalore since then.
The Consulate, however, declined to comment on the matter. “We have no comments as the consulate has nothing to do with a private incident,” a spokesperson said.
Immunity
As per the Vienna Convention on Diplomatic Relations (VCDR) 1961, the police cannot detain or arrest the officer though he has been booked for rape. The Article 29 of VCDR says, “The person of a diplomatic agent shall be inviolable.
He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.
The Article 31 states: “A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction.”
Suja Jones Mazurier has sent a requisition through her advocate in Mumbai to the Ministry of External Affairs requesting it to take up the matter with its counterparts in France.
The local police can detain or arrest him if his immunity is waived off. He can be prosecuted in France and can be imprisoned for a period of ten years if found guilty, said Suja’s advocate.