Lawstreet Journal

Kerala HC Dismisses Plea Of Franco Mulakkal To Adjourn The Trial Due To Pandemic, States “It’s In The Interest Of All That Cases Attains Its Finality At Earliest” [READ ORDER]

Lawstreet Journal 5 Oct 2020 11:15pm

Image courtesy: Lawstreet Journal Judiciary Kerala HC Dismisses Plea Of Franco Mulakkal To Adjourn The Trial Due To Pandemic, States “It’s In The Interest Of All That Cases Attains Its Finality At Earliest” [READ ORDER]

The Kerala High Court dismissed the petition of Former Bishop Franco Mulakkal on 1st October 2020, Thursday pleading for adjournment of the trials in the nun rape case due to the COVID-19 crisis in Kerala. 

The Bench comprised of Justice VG Arun who dismissed the plea of the Former Bishop and stated that “It is high time for us to accept the reality and move on with our daily affairs. In any case, the wheels of justice delivery system cannot be allowed to come to a grinding halt just for the reason of pandemic.”

Background of the case 

It has to be noted that Mulakkal was accused of raping a nun on multiple occasions during the period of 2014-2016 by using his dominant position. Allegations against the accused had first surfaced in the time of July 2018 when a collective called “Save our Sisters” had launched the public protests for the arrest of Franco. Later on, a special investigation team of Kerala Police made their submissions and filed a charge sheet against him for the offences punishable under Section 342 (punishment for wrongful confinement), 376(2)(k) (punishment for sexual assault), 376(2)(n) (committing rape with the same woman), Section 376C(a) (whoever has taken the advantage of his superior position), Section 377 (unnatural offences) and Section 506(I) (punishment for criminal intimidation) of the Indian Penal Code, 1860. 

The victim was examined on 16/9/2020 in chief and once the examination was completed, C.M.P.No1101 of 2020 was filed by the advocate of the petitioner on 17/9/2020 requesting to defer from the cross-examination… Continue Reading...


Tagged: Rape  
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