Bishop Franco was alleged to have raped a nun 13 times in his convent between 2014 and 2016. He was accused of wrongfully imprisoning a nun, rape, having unnatural sex, and criminal intimidation.
The courtroom on Friday (14 January 2022) acquitted Bishop Franco Mulakkal of the Roman Catholic Church of Kerala within the case of raping a nun. Behind this, the court cited a number of causes corresponding to lack of uniformity within the statements of the victim and never offering enough proof by the prosecution to show the guilt of the accused. A lot of the particulars of the 289-page judgment, pronounced by Additional Sessions Judge G Gopakumar, emerged later.
In its judgment, the court docket stated that the sufferer declare that she was raped on 13 events can’t be relied upon on the premise of her assertion alone. Though the courtroom held that the victim’s hymen was discovered to be torn in the course of the medical examination, the defense maintains that the victim had indulged in sexual acts along with her husband and it was complained by her cousin. The Courtroom noticed the mere indisputable fact that the victim’s hymen was discovered to be torn, can’t quantity to penetrative penetration or pressured sexual abuse.
The courtroom stated that there isn’t a consistency within the statements of the victim. The victim had advised her fellow sisters that the accused Mulakkal was doing so as a result of she was unable to suppress her sexual needs, whereas in the courtroom she stated that the accused pressured her to have intercourse on 13 events, including for the first time in her Genital fingering is also included. The prosecution has failed to provide correct clarification for these totally different statements.
The victim had advised the physician that she had by no means had intercourse and on the basis of this assertion, the courtroom referred to numerous judgments and stated that in view of the shortage of consistency within the statements of the victim, she was not categorized as a sterling witness and her testimony was not thought-about fully credible. On this foundation, the courtroom stated that there isn’t strong proof to prove the charge of the prosecution.
The courtroom stated, “It’s inconceivable to separate the grain from the husk. There may be an exaggeration within the assertion of the victim and she has made each effort to hide the information.” The courtroom stated that the victim was underneath the affect of others who had vested interests within the matter. The courtroom additionally stated that the rivalry and struggle between the nuns were over the place of power and that they were able to settle the matter if the church acceded to the demands put forth by the victim and her assistant nuns.
Whereas Bishop Mulakkal was repeatedly embracing his supporters and legal professionals after listening to the courtroom’s verdict, a bunch of nuns from the Kuravilangad convent standing by the victim’s aspect have been shocked by the courtroom’s resolution. Sister Anupama, who was the face of this battle, stated that she is going to proceed with this battle and she is going to challenge this resolution within the High Court.
Allow us to let you know that Mulakkal is the primary Indian bishop, who was arrested in a rape case. 83 witnesses, over 30 pieces of evidence, and a 2,000-page charge sheet have been filed within the case against him for rape.