The Kerala High Court on Tuesday dismissed a petition filed by Franco Mulakkal, former bishop of the Catholic diocese of Jalandhar, seeking to discharge him from a case relating to the rape of a nun.
The court, while dismissing the petition, observed that the contentions raised by him were untenable.
Opposing the petition, the prosecutor argued that there was enough material to prove that Franco Mulakkal had raped the nun. The statement of the survivor was enough to frame charges against him.
The accused was trying to delay the trial proceedings, the prosecutor submitted.
The court observed that when there were sufficient materials before the court to show a prima facie case to proceed against the petitioner, he, definitely, was not entitled to a discharge.
Precarious situation
“The precarious situation of the Sister has to be taken into account prima facie to find that whether there are grounds for the delay in lodging a criminal complaint against her superior officer that too the bishop, who is the supreme authority of the congregation,” it observed.
The bishop, arrested on September 21, 2018, is currently out on bail.
