Kerala Nun Rape case: Supreme Court dismisses plea by Bishop Franco Mulakkal seeking discharge from case

The Supreme Court today dismissed the petition filed by rape accused Bishop Franco Mulakkal who moved the Apex Court seeking to be discharged from the case..The rape accused Bishop had moved the Supreme Court in appeal against the decision of the Kerala High Court which, in July this year, had refused to discharge him from the case noting that a prima facie case was made out against him. .Today, the Supreme Court Bench of Chief Justice SA Bobde with Justices AS Bopanna and V Ramasubramanian dismissed the petition filed by the accused saying that he has no case and no merit in his plea..Mulakkal had moved the Supreme Court after the Kerala High Court declined to entertain his revision petition against a lower court’s rejection of his discharge application. The priest has been implicated in a complaint filed by a nun accusing him of repeatedly raping her..The Single Judge Bench of the High Court had noted that a prima facie case was made out against Mulakkal and it would send out a wrong signal should the case be thrown out at the threshold..Will give wrong message if case is thrown out at threshold: Kerala HC dismisses Franco Mulakkal’s plea seeking discharge from Rape case.The Court added that ascertaining whether the complainant’s case was concocted or true would have to be decided in trial, after evaluating the evidence. In her complaint, the complainant has alleged that she was raped multiple times by the Bishop, who threatened to have her killed if she made the incidents known..Mulakkal had applied to the Additional Sessions Judge-1 (Kottayam) for a discharge under the Criminal Procedure Code, on the ground that he was falsely implicated and that there were no grounds to proceed further against him. This application was dismissed in March this year..The High Court, while dismissing the discharge plea, observed that a discharge plea can be allowed only where there are glaring circumstances to show that the prosecution has not produced sufficient material to proceed against the accused.On the other hand, "when materials prima facie show that the accused had committed the alleged offences, it is doubtless that he is not entitled for a discharge under Section 227 of the Code of Criminal Procedure", the Court said..Today, the Supreme Court too echoed the notion that Mulakkal's plea for discharge was devoid of merit and refused to entertain his plea..The accused petitioner was represented by Senior Counsel Mukul Rohatgi..Read Order: