Kerala nun rape case: Court dismisses Bishop Mulakkal’s discharge petition

KOTTAYAM: A court here dismissed the discharge petition filed by Bishop Franco Mulakkal in the nun rape case. Now, the Bishop will have to face trial in the case. The case was adjourned to March 24 and the accused Bishop Mulakkal has been directed to appear before court on that day.
The Additional District Court 1 Judge G Gopakumar while pronouncing his judgment on the discharge petition added IPC section 354 for assault or criminal force to woman with intent to outrage her modesty to the chargesheet.
The other sections against the Bishop already in the chargesheet are IPC 342, 376(2) (K), 376(2)(N), 376 (c) (a), 377 and 506(1). These charges are for wrongful confinement, rape, unnatural sex and criminal intimidation.
The further hearing on the petition filed by the defence against the media and the prosecution agency for leaking "selective information" will also be heard on March 24.
The defence in its discharge petition had argued that the complaint and the statement of the victim are not reliable and the dates in which the victim is said to have been raped by the accused are fake. They also argued that both the victim and the accused have taken part together in several functions and trips after the alleged rape. It was also argued that the Bishop was not the superior of the congregation and those who gave statements against the Bishop are those who are not in good terms with the church.
The prosecution had argued that the statements of the survivor is reliable and the medical report had confirmed rape. The prosecution also submitted proof for the revengeful steps taken by the accused against the survivor and those who had given statements in support of her. The prosecution also argued that the conduct of the Bishop was not expected from a spiritual person and his moves were based on sexual interests. Based on the witnesses’ statements and case records, the case stands and the trial should be completed at the earliest, argued the prosecution.
The chargesheet in the nun rape case was filed on April 9, 2019.