Survivor nun and Kerala Govt moves to Kerala HC against bishop Franco Mulakkal’s acquittal in rape case
In its appeal, the state government said that the evidence given by the survivor, confirmed by the statements of several witnesses and the documentary evidence, proved the nun was subjected to unnatural offence and rape by Bishop Franco Mulakkal.
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Kochi, Mar 31:In seek of justice in bishop Franco Mulakkal's case, one of the nun victims who was allegedly raped by Bishop Franco Mulakkal has now moved to Kerala High Court against the local court’s order that acquitted Bishop Franco Mulakkal in the rape case.
Besides her, the state government has also approached to the Kerala HC seeking to quash the order of the Kottayam Additional District and Sessions Court acquitting Bishop Franco Mulakkal in the case. A senior government lawyer confirmed the grant of sanction by the State government for filing the appeal by the prosecution. The lawyer also confirmed that the victim has moved an appeal in the high court against the trial court decision.
In its appeal, the state government said that the evidence given by the survivor, confirmed by the statements of several witnesses and the documentary evidence, proved the nun was subjected to unnatural offence and rape by Bishop Franco Mulakkal.
Also Read | UTTER SHAME! Bishop Franco Mulakkal acquitted in nun rape and assault case by Kerala Court
The Kerala government also pointed out that without examining the evidence cited by the prosecution, the trial judge had a predetermined mind to acquit the accused. The state government argued in its appeal that every attempt was made to discredit the survivor by wrongly considering the evidence.
“Without appreciating the evidence of the prosecution in the correct perspective, the trial court misconstrued facts and law and gave unwarranted acquittal to the accused, absolving him from the charges including rape,” the petition stated. The prosecution alleged the survivor was raped 13 times from May 5, 2014, to September 23, 2016, in the guest room of St Francis Mission Home.
In its petition, the Kerala government said when the virginity of a nun is violated, the social stigma that she suffers will be higher than that of an ordinary person. She will have to abandon her nunship forever; she would be ostracised, it noted.
On January 14, the Kottayam Additional District and Sessions Court had acquitted the rape accused, Bishop Franco, saying that the prosecution failed to produce evidence against the accused.Former Kottayam SP Harishankar, who headed the probe in the case, had called the trial court’s verdict “shocking” and insisted that there was enough medical and corroborative evidence, as well as witness testimonies, to convict the Bishop.
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