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HIGH COURT OF KERALA
SHIRCY V., J
BISHOP FRANCO MULAKKAL
– Appellant
Versus
STATE OF KERALA – Respondent
Crl.Rev.Pet 404 2020
Criminal Law - Sexual Offences - Indian Penal Code Sections List - The court examined the provisions of Sections 375, 376, and 377 of the Indian Penal Code in relation to the allegations of rape made against the Bishop, focusing on the definitions of sexual offences and the application of Section 227 of the Cr.P.C., which allows a judge to discharge an accused when there isn't sufficient evidence to proceed.
Fact of the Case:
The petitioner, a Bishop, was accused by a Nun of multiple instances of rape over a span of more than two years while he visited her establishment, misusing his position of authority and threatening her to remain silent.
Finding of the Court:
The court found that there were sufficient prima facie materials to proceed against the petitioner based on the victim's detailed statements, corroborated by accounts from other witnesses. The court emphasized that the credibility of witnesses and the overall context should be evaluated in a trial.
Issues: Whether there are sufficient grounds under Section 227 of the Cr.P.C. to proceed with the trial against the petitioner accused of multiple counts of rape.
Ratio Decidendi: The court reaffirmed the principle that a discharge under Section 227 can only be granted when there is no prima facie material against the accused, highlighting the need for a trial to evaluate the evidence fully.
Final Decision: Revision petition dismissed.
ORDER
Dated this the 7th day of July 2020 A Bishop is a senior member of the Christian Clergy in charge of a Diocese. He is placed on a high pedestal and hold high esteem in the society as a whole.
2. A Nun is a member of a religious community of women living under the vows of chastity, obedience, loyalty etc. They devote their entire life doing services to the community as well to the society thereby dedicating themselves to the Divine Master.
3. Here, the petitioner is the accused in Crime No.
746 of 2018 of Kuravilangad Police Station registered for the offences punishable under Sections 342, 376 (2)(k), 376(2)(n), 376 C(a), 377 and 506(ii) of the Indian Penal Code . The victim (hereinafter referred to as 'the Sister') has put the Bishop (hereinafter referred to as 'the petitioner') in the dock of the court alleging that he has committed the most heinous and brutal offence of rape on her.
4. The allegations raised against this petitioner by the prosecution in brief are as follows:
The petitioner is the Bishop of the Roman Catholic Diocese of Jalandhar who is residing in Bishop House, Jalandhar city, Punjab State. The Sister is the Mother Superior of St. Francis Mission Home at Kuravilangad (herein after referred to as 'Home') and she is the Head of the Congregation named as Missionaries of Jesus. She is in charge of the Home at Kuravilangad where she is residing along with some other Sisters. She joined the Diocese in the year 1999 and for the last 5 years she is acting as the Mother Superior of the Home. The petitioner used to visit Kerala occasionally and during his visit, he used to stay in the Guest Room bearing No.20 of the Home. On 5.05.2014 when he came to Kerala in connection with his official visit, he stayed in the Guest Room of the Home. When he reached there in the home at about 10 p.m he called the Sister to his room and asked her to iron his cassock. The Sister obeyed his direction and when she came to handover the same to the Guest Room, he asked her to bring the papers relating to the construction/renovation work of the kitchen being carried on in the Home. So, when the Sister came to his room again with all relevant papers in connection with the construction work, the petitioner suddenly locked the room from inside and caught hold of her and forcefully removed her undergarment ignoring her resistance and against her will inserted his finger into her vagina and attempted to thrust his sexual organ into her mouth. He then threatened her that if she discloses about the incident to anyone, she will have to face dire consequences. On the next day i.e. on 6.05.2014 he committed rape on her and thereafter repeatedly committed rape on her in the night when he resided in the Home during his visits to Kerala. Thus on 11.07.2014, 5.01.2015, 15.01.2015, 22.04.2015, 22.05.2015, 27.07.2015, 21.08.2015, 5.11.2015, 17.01.2016, 29.04.2016 and on 23.09.2016 he committed rape after putting her under fear. The Sister had specifically alleged that she was sexually ravished by him and he repeated the serious crime on various days mentioned above, by misusing his official status, control, supremacy and dominance he was holding as the Bishop of the Diocese and threatened her that he will do away with her life if she divulge the same to anyone. Thereby he committed the offence of rape on her on various dates from 5.5.2014 to 23.9.2016; that is for a period of more than two years, putting her under death threats.
5. Process of criminal law was set into motion when the sister lodged a complaint on 27.06.2018 before the District Police Chief, Kottayam. On the basis of the complaint FIR was registered on 28.06.2018. The investigating agency conducted the investigation of the case and finally charge sheet was filed on
9.04.2019.
6. The petitioner has contended that he has been falsely implicated in the case by the Sister for having initiated action against her on some allegations raised by own cousin sister and sufficient ground is not there
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