The Supreme Court on Wednesday dismissed the discharge plea filed by Bishop Franco Mulakkal, who is accused to have raped a nun in a Kerala convent. The apex court dismissed the plea stating that Bishop Franco Mulakkal does not have a case for discharge. A bench of Chief Justice SA Bobde, AS Bopanna and V Ramasubramanian told Franco's counsel that the court is not saying anything on merit of the case but is dismissing the plea on the issue of discharge from the case.
Mulakkal, in his plea has challenged the Kerala High Court order of July 7, dismissing his discharge plea in the rape case filed by the nun.
The Kerala HC had asked the deposed Bishop of Jalandhar diocese to stand for the trial in the rape case, which was registered on the basis of a complaint filed by the nun of the Missionaries of Jesus congregation in Kerala.
The High Court had dismissed the plea by the bishop, admitting the prosecution argument that there was prima facie evidence against Mulakkal in the rape case, registered by police in Kottayam district.
In his plea filed before the High Court, the accused priest argued that he was implicated after he questioned the financial dealings of the victim nun. The bishop had filed the discharge plea in the trial court just ahead of commencement of the preliminary hearing on charges against him.
In her complaint to the police in June, 2018, the nun had alleged that she was subjected to sexual abuse by the bishop during the period between 2014 and 2016.
The bishop, who was arrested by the Special Investigation Team, which probed the case, charged him with wrongful confinement, rape, unnatural sex and criminal intimidation.
The 1,400-page chargesheet against Franco names 83 witnesses, including Cardinal of the Syro-Malabar Catholic Church Mar George Alencherry, three bishops, 11 priests and several nuns. Witnesses in the case had come out alleging the Church had been coercing them to not give statements against Franco Mulakkal in the case.
Watch: When Kerala nuns protested demanding arrest of Franco Mulakkal