The Additional District and Sessions Court I, Kottayam, on Monday dismissed a petition seeking to discharge bishop Franco Mulakkal, former head of the Catholic diocese of Jalandhar, from a case pertaining to the rape of a nun.
Considering the petition, Judge G. Gopakumar directed the bishop to stand trial in the case, registered by the Kuravilangad police on the basis of a complaint filed by a nun of the same diocese.
The petition, filed on January 25, sought to discharge the bishop by citing that the nun had fabricated a story out of her personal grudge to him. The prosecution, represented by special public prosecutor Jithesh J. Babu, filed an objection to it.
After hearing both sides, the court concluded that there was a case to frame charges against him. The court turned down the petitioner’s argument that the prosecution witnesses were not trustworthy and there was no cogent evidence against the accused.
The case will be taken up for further proceedings on March 24.
To move HC
As per the prosecution case, the bishop raped and forced the nun to unnatural sex on many occasions between 2014 and 2017.
The bishop has been arraigned as an accused in the case under Indian Penal Code Sections342 (wrongful confinement), 376(2)(k) (rape on a woman incapable of giving consent), 376(2)(n) (causing grievous bodily harm during rape), 376(c)(a) (sexual intercourse by person in authority) 377 (unnatural offence), and 506(1) (criminal intimidation).
Sources said counsel of the accused would now approach the High Court against the trial court order.
Meanwhile, the court is slated to consider two more petitions moved by the accused on the same date. While the first petition pertained to stopping the media from reporting the trial, the second one sought to initiate contempt of court proceedings against the prosecution and the media for publishing the records under the court’s consideration without permission.
