Deepkamal Kaur
Jalandhar, January 15
Lack of evidences put forth by the prosecution and contradictory versions given by the complainant nun to various persons, led to the acquittal of Bishop Franco Mulakkal by the Kerala court on Friday.
In the 289-page judgment passed by Kottayam Additional Sessions Judge G Gopakumar, he has concluded that there is no consistency in the statement of the victim. “The grievance projected by her to the companion sisters was that the accused was taking retaliatory steps for not yielding to his sexual desires, whereas her version before the court was that she was forced to do sexual intercourse with the accused on 13 occasions. The prosecution has failed to give proper explanation for the inconsistent version,” said the judge.
The court also observed: “This is a case in which the grain and chaff are inextricably mixed up. There are exaggerations and embellishments in the version of the victim. She has also made every attempt to hide certain facts. It is also evident that the victim was swayed under the influence of others who had other vested interest in the matter. The infighting, rivalry and group fights of the nuns, and the desire for power, position and control over the congregation is evident.”
The court has taken a serious view of the fact that the prosecution had failed to produce the mobile phones of the accused as the order says: “The police could not seize the mobile phone used by the victim, which would have provided some input into the alleged vulgar messages sent by the accused. The laptop was also not subjected to scientific analysis, as it is claimed that the hard disk got damaged.”
On the medical examination of the victim, the order reads: “It is true that the hymen of the victim was found torn in her medical examination. But defence contends that there was a complaint against the victim, of ebing indulged in sexual intercourse with her cousin’s husband.” The court is unable to place reliance on the solitary testimony of the complainant nun and to hold the accused guilty of the offences charged against him and accordingly acquitted the accused.
Nun's inconsistent versions led to Bishop's acquittal: Court
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