BISHOP FRANCO MULAKKAL FILES DISCHARGE PLEA IN NUN RAPE CASE, DISMISSED.

Bishop Franco Mulakkal, former head of Jalandhar diocese of Roman Catholic Church, on Saturday filed a discharge petition before a lower court here in connection with the case of alleged rape of a nun.

In his plea filed before the Additional District and Sessions Court I, Mulakkal claimed that prima facie there was no case to frame charges against him.

Trial court here on Monday dismissed a discharge petition filed by Bishop Franco Mulakkal, in connection with the case of alleged rape of a nun in which he is the prime accused.Dismissing the plea, the trial court said the bishop should stand for trial in the rape case.

Discharge Application in Criminal Case Dismissed
Discharge Application in Criminal Case Dismissed

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FACTS:

  1. The case is based on a complaint filed against the bishop by the nun. In her complaint to the police in June 2018, the nun had alleged that she was subjected to sexual abuse by the Bishop during the period of 2014 and 2016.
  2. The trial court adjourned the matter to February 4 for the prosecution to file its objection to the plea filed by the Bishop, accused of raping and sexually assaulting a nun of the same diocese.
  3. The Bishop filed the discharge plea as the Court was supposed to commence the preliminary hearing on charges on Saturday.
  4. The Bishop, who was arrested by the Special Investigation Team probing the case, has charged him with wrongful confinement, rape, unnatural sex and criminal intimidation in the case.

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ISSUE:

Section 375 of IPCDefines The Offence Of Rape. The Essential Ingredients For The Commission Of The Offence Of Rape Are:

 

  1. Against her will.
  2. Without her consent.
  3. With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
  4. With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
  5. With or without her consent, when she is under sixteen years of age.

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Under sec 375 of IPC where the consent is obtained and the woman is unable to understand the nature and consequences of her consent then it amounts to rape.

Section 376 (Punishment for rape) of the Indian Penal Code defines as follows:

Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not he less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine.

Section 376 subsection 2 lays don certain exception to the above charges.

Also Read- All you need to know about Discharge Application

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