KOCHI: Observing that “rape is the most revolting, cruel and hated crime against a woman”, the Kerala High Court on Tuesday dismissed the discharge petition filed by bishop Franco Mulackal, accused in the nun rape case.Justice Shircy V said the grounds presented by the petitioner in the petition are not tenable and hence rejected.The court observed that a nun is definitely not an ordinary woman. The nuns lead an ascetic life and they have many rules and regulations to follow scrupulously.
“The position and status of a nun in our society who devote their whole life to the service of almighty are quite different and unique. Such a woman might have so many restrictions and hesitation and it will be difficult to disclose the evil activities, which she was subjected to, openly. The precarious situation of the ‘sister’ has to be taken into account prima facie to find that whether there are grounds for the delay in lodging a criminal complaint against her superior officer, that too the bishop who is the supreme authority of the congregation.”
When there are sufficient materials before the court to show a prima facie case to proceed against the petitioner, he is not entitled to a discharge from the case. When there are materials on record, the discharge cannot be allowed on the ground of certain contradictions or variations in the FIR or in the statement recorded by the magistrate under Section 164 of the CrPC. If there is a proper explanation for the delay in lodging the complaint, there is no justification to look into the prosecution case with suspicious eyes totally ignoring the dignity of the woman, the court observed.Special public prosecutor S Ambika Devi told the court that sufficient materials are available on record to proceed with the case. The discharge sought by the petitioner without trial in the case cannot be entertained at any cost.