Pascal Mazurier, Deputy Head of Chancery in the Consulate of France, Bangalore, "holds a service passport and not a diplomatic passport," they said.
He does not enjoy diplomatic immunity and can be prosecuted in India, the sources said.
The diplomat's wife, Suja Jones Mazurier, who is an Indian citizen, had in a letter to Home Minister P Chidambaram and External Affairs Minister S M Krishna appealed to the government to ensure that the official faces trial in India.
A case has been registered against the diplomat and he was quizzed by the police which had said they were trying to ascertain his legal status.
Deputy Commissioner of Police (Law & Order) Suneel Kumar said that the victim had undergone a medical examination and they were awaiting the report.
Suja had requested that her husband be restrained from leaving the country till legal proceedings were completed and that under no circumstance should he be allowed custody of their children, who are French nationals.
Asha S Basu, counsel for Suja Jones Mazurier, who has written the letters on her behalf, had sought protection for her client and her children.
Suja had said she and Mazurier have three children- a seven year-old son, the victim and a 20-month-old son.
