In his petition, Pascal submitted that from the materials of the chargesheet, it was seen that the entire case of the prosecution was "solely dependant upon the circumstantial evidence though the medical report given by the Baptist Hospital allegedly indicated there was sexual abuse on his minor daughter, the same does not link him".
He submitted since 2005, his wife Suja Jones (the second respondent) was "not happy with him and used to frequently quarrel with him".
In 2012 July, Pascal said, he was scheduled to be transferred to South Africa and hence had to move from India. Suja resisted as she intended to reside in India along with children, he said.
However, he said he was a French citizen attached to the French Consulate and he had no other avocation and could not stay in India. This dispute also led to the custody of his children.
Pascal said he apprehended that his wife had "concocted a false case and had implicated him in it".
He also pointed out that after receipt of the chargesheet and having considered the DNA report, he had filed a complaint requesting the police to investigate as to who was the culprit behind the sexual abuse of his daughter.
More From This Section
The petition will come up for hearing after the winter vacation of the court.
Mazurier, Consular Attache to the Consulate General of France here, was arrested on June 19 following a complaint by his wife, a native of Kerala, alleging that he had raped their three-and-a-half year old daughter.
He was charge sheeted on September 17 under Section 376 of IPC for allegedly raping his minor daughter.