By Matters India Reporter
Kottayam, Sept 14, 2020: A court in Kerala, southern India, September 16 began the trial of the nun-rape case after restraining the print and electronic media from publishing matters related to the in-camera proceedings.
Bishop Franco Mulakkal of Jalandhar is accused of raping the nun multiple times between 2014 and 2016, in a convent in Kerala.
On September 16, the rape survivor, the first witness in the case, appeared in the District and Session Court in Kottayam.
The nun came to the court braving heavy rain and accompanied by her brother, Sister Anupama Kelamangalathuveli, the spokesperson for the survivor and her supporters, and leaders of the “Save Our Sisters,” a laity movement launched in 2018 to help nuns in distress.
Earlier, the court had barred discussions about the evidence tendered by the witnesses without previous permission.
The court observed that creating a strong public opinion against a person facing trial “severely affects the presumption of innocence available to him.”
“A criminal trial shall as far as possible be made free from all sources of pre-judging, outside the due process of law. Any widespread perception of guilt or innocence, without any objective evaluation of the materials available is nothing but a threat to fair trial,” observed G Gopakumar, the judge.
Stating so, the court invoked powers under Section 327(3) of the Code of Criminal Procedure, which enables the court to pass such restraint orders, when a trial is preceding in-camera.
The section 327(2) of the code mandates that the trial of a rape case should be held in-camera, in private without access to the public and the media.
The order was passed on a petition by Bishop Mulakkal alleging that the prosecution had leaked to the media a part of the 161 statement of a witness before the preliminary start of the case and the media had started a discussion pertaining to various aspects of it.
On August 5, the Supreme Court dismissed the bishop’s plea seeking the dismissal of the case against him. Earlier, the trial court and the High Court in Kerala had dismissed his discharge petitions, after observing that there was prima facie evidence to put the case to trial.
Bishop Mulakkal is accused of raping the nun by abusing his dominant position as the nun’s congregation functions under the Jalandhar diocese. Allegations surfaced for the first time on June 27, 2018, when the rape survivor filed a police complaint in Kottayam.
As there was no action on the case, the “Save Our Sisters,” a laity movement to help nuns in distress, on September 8, 2018, launched a sit-in near the Kerala High Court demanding the bishop’s arrest.