By Jose Kavi
New Delhi, Aug 5, 2020: The Supreme Court of India on August 5 dismissed the appeal of Bishop Franco Mulakkal of Jalandhar against the Kerala High Court’s refusal to dismiss a rape case against him.
The Chief Justice of India told Bishop Mulakkal, “You don’t have a case. There is no merit in your plea.”
The 56-year-old bishop July 25 approached the apex court to get the case dismissed, claiming his innocence. His petition pleaded the court to dismiss the charges without making him stand trial.
The plea claims that he was implicated after enquiring financial dealings of a nun who has accused him of sexually abusing her multiple times.
Seeking an urgent hearing by the Supreme Court, the bishop claims that the allegations against him were personal revenge and that the nun’s statements have several discrepancies.
Responding to the Supreme Court decision, Bishop Mulakkal says he is always ready to face the trial. “Lawyers are looking into the matter. I will let you know,” the bishop told Matters India.
Earlier on July 7, the Kerala High Court dismissed a similar petition, forcing the bishop to go to the Supreme Court.
The Kerala High Court had asked the bishop to face trial agreeing with the prosecution that ample evidence exists against him in the case. It also noted that the prelate was trying to delay the court proceedings.
Both the First Information Report as well as in the secret statements provided by the victim have clear evidence of the bishop’s acts, the high court said.
The bishop first approached the Kottayam Additional district sessions Court in Kerala to get the case dismissed. His lawyer’s January 25 application was rejected on March 16.
On July 13, the Kottayam court issued non-bailable arrest warrant against Bishop Mulakkal after he failed several times to appear for trial in the rape case. He was on bail since October 15, 2018.
On the day his bail was canceled, the bishop reported that he had tested positive for Coronavirus. The trial court has extended his bail until August 7.
The Kottayam court has posted the case to August 13 when the chargesheet would be read to the bishop, as the first step in starting the trial.
Bishop Mulakkal is accused of raping a nun multiple times between 2014 and 2016 in a convent at Kuravilangad near Kottayam. He faces charges of wrongful confinement, rape of a woman incapable of giving consent, causing grievous bodily harm during rape, unnatural offense (or sodomy) and criminal intimidation.
He not only denies the charges but repeatedly claims of “lack of evidence” and “contradictions in the nun’s statements.”
He is the first Catholic prelate in India to be arrested for sexually abusing a nun.
The bishop’s lawyer had earlier argued that the charges would not not stand because they were based only on the statements of witnesses who have resentment against the bishop.
The lawyer also said most witnesses in the case do not have a good relationship with the church.
The trial was supposed to begin on November 11, 2019, but was adjourned to November 30, which was again extended several times. Bishop Mulakkal appeared in the court only once, on November 30, 2019.
The case is being tried in Kerala because the alleged crimes took place in a Missionaries of Jesus convent in Kuravilangad near Kottayam, where the survivor now lives.