A fast track court on Thursday dismissed the bail plea of French Consulate official Pascal Mazurier, arrested on charge of raping his four-year-old daughter, on the ground that there was 'direct evidence' against him.
The first fast track court Judge G R Patil said there was direct evidence against Mazurier by his wife and the victim's mother, Suja Jones, besides the maid servant.
Scientific investigation being incomplete, weight of the complaint, statement of the victim and evidence gathered so far weigh against the bail plea, the court said.
In place of the direct evidence, it is very difficult to accept the DNA report which is still incomplete, it said.
According to the DNA report of the Forensic Science Laboratory, stains on the frock and the inner wear of the victim matched with the DNA sample of the accused but the swab taken from the child did not match that of the accused.
The Investigating Officer had sought clarifications about this 'mismatch' from FSL, which is yet to be given.
The Investigating Officer is yet to take the blood samples of the victim and the mother and until then, the probe was incomplete, the court observed.
While rejecting the bail plea, the court also took into account that the child was a minor which makes it a sensitive case.
On July 16, the court conducted in camera proceedings after Public Prosecutor C A Ravindra sought it when the bail application came up, before posting it for July 23 and subsequently to on Thursday. Mazurier is in judicial custody.
