Even as the Bengaluru police remain tightlipped about the final report conducted on the 3-year-old girl who was allegedly raped by her father, a French diplomat, sources tell rediff.com that all medical tests indicate that the baby was raped. Vicky Nanjappa reports.
The final test, which was conducted at a government hospital in Bengaluru was handed over to the police, who have not revealed the results, as there is still an issue over the next course of action to be taken against the diplomat.
Senior advocate Pramila Nesargi, who is representing the girl's mother Suja Jones told rediff.com that there is a clear indication that the girl was raped.
"I come to this conclusion as the Bengaluru police have sought to conduct a DNA test on the accused. Had rape not been confirmed there was no reason for the police to seek the same," she said.
Pramila however added that she smells something fishy and hence will move an application before the magistrates court, stating that the mother and her family be present while the DNA sampling is done.
"We need to know what exactly transpires during the test and hence need to be present. We shall apply the principles in the N D Tiwary case," she added.
Immunity: there has been uproar over the slow pace of the investigation into this case. However, a source at the FRO says that whether there is immunity or not, the rule mandates that the country from where the person hails be taken into confidence before he or she is arrested.
In this case, Pascal, who is of French origin is yet to be arrested. Though sources say that he does not enjoy diplomatic immunity, he still holds a diplomatic card.
Although India does have every right to prosecute him, the rule still mandates that the French government be taken into confidence before the accused is arrested. This in fact, explains the delay.
Even though the consulate has confirmed that Pascal enjoys no immunity, the Indian government is yet to receive a go ahead communication from France. Once this happens they would give the police the green signal to arrest the diplomat.
Currently, Psacal is in Bengaluru, and under the custody of the French consulate. In an official communication,the consulate has assured of all support during the investigation
