Kerala: Shock as bishop is let off in nun rape case: Only the trees that bear fruits are stoned: Franco

Survivor's supporters and prosecution vow to soldier on; verdict details awaited

Bishop Franco Mulakkal after his acquittal in  Kottayam, Kerala, on Friday: PTI Picture

K.M. Rakesh   |   TT  |  Bangalore   |  15.01.22 : A Kerala court on Friday acquitted a Catholic bishop of the charge of raping a nun 13 times over three years in a case that was spearheaded by five fellow nuns against daunting odds.

The acquittal of Bishop Franco Mulakkal, 57, sent shockwaves through large sections of Kerala where another rape case involving a movie star is approaching denouement.

Bishop Mulakkal’s case had become one of the most discussed in the state not merely because he is the highest-ranking Church official in India to go through a rape trial but also because of the unparalleled crusade of the five nuns. 

Over time, the case grew into a litmus test that is expected to have a bearing on whether survivors of sexual crimes in tradition-bound institutions would break the walls of silence and pursue the legal option against those wielding immense power and commanding unlimited resources.

On Friday, Kottayam additional sessions judge G. Gopakumar read out the one-line verdict acquitting the bishop of all charges. The prosecution immediately said the acquittal would be challenged.

Mulakkal burst into tears after the verdict.

“Only the trees that bear fruits are stoned. I am just proud of that. Praise the Lord,” the bishop told reporters while leaving the court.

Before leading a prayer meeting following the verdict, the bishop told reporters that he had prayed for justice. “Everyone, irrespective of caste or religion, understood the strength of prayer. Everyone who stood for truth was always with me,” he said.

The bishop’s supporters were effusive. They distributed sweets at the court complex soon after the verdict was announced and in the Jalandhar diocese that he once helmed. 

The Jalandhar Bishop’s House distributed a printed statement among reporters at the court complex within minutes of the pronouncement of the verdict. 

“With today’s verdict, the additional sessions court in Kottayam has acquitted the bishop of the Jalandhar diocese, Franco Mulakkal. We thank all those who believed in his innocence and those who provided legal support to him,” read the statement in Malayalam printed on the letterhead of the Jalandhar Bishop’s House.

The issuance of the printed statement at such short notice drew attention. It described Mulakkal as the bishop, although he had stepped down from the post in 2018 in light of the investigation.

The Jalandhar diocese public relations officer could not be reached for comments on how they were able to issue the statement so soon after the verdict, or whether they had prepared another statement in the event of a guilty verdict.

The survivor’s colleagues who stood by her through the legal battle expressed shock and dismay at the verdict.

“We don’t know what happened. But we will continue the fight for justice for our sister,” said Sister Anupama, one of the five nuns who now move around with police security after facing threats for supporting the survivor.

The acquittal coincided with fresh revelations in a case dealing with the rape of an actress in 2017 in which actor Dileep is an accused.

The judgment is expected soon, and the case is already hogging the headlines because of the fresh claims that have compelled Dileep to seek anticipatory bail. This trial is also considered a test case because of the enormous clout Dileep used to wield in the Malayalam film industry.

The bishop verdict came also at a time sections of the clergy in some Christian denominations in Kerala are said to be trying to cosy up to the Narendra Modi dispensation. At least one priest has run into allegations of promoting Islamophobic claims.

Mulakkal was accused of raping the nun 13 times between 2014 and 2016 at a convent in Kottayam. The nun who endured the alleged sexual assaults eventually lodged a police complaint in June 2018 after exhausting all available options within the system of her congregation that purportedly ignored her complaints.

While the Roman Catholic Church removed Mulakkal from his pastoral duties, he was allowed to retain the title of bishop. 

The police had arrested Mulakkal in September 2018 and he spent 29 days in Pala sub-jail before being granted bail. He faced charges under IPC Sections 342 (wrongful confinement), 376 (2) (k) (persistent sexual assault), 376 (2) (n) (repeated rape of a woman), 377 (unnatural sex) and 506 (1) (criminal intimidation).

Defence lawyer C.S. Ajayan said he had expected the verdict since there was no convincing evidence.

“There were no eyewitnesses or even circumstantial evidence. She had not even mentioned sexual assault in her complaint to the cardinal,” he told reporters. 

But public prosecutor Jithesh Babu said he had been sure of a conviction. “We never expected this verdict since we had expected a 100 per cent conviction.”

THE FIGHTERS: (From left) Sisters Josephine, Anupama, Alphy, Neena Rose and Ancitta at one of the protests demanding the bishop's arrest. The five nuns stood by the survivor through the legal battle: File Picture

He said it was a single-line judgment and the details would be available only after getting a copy of the verdict.

“We do not know what happened. Thirty-nine witnesses had given their statements supporting the prosecution. No one turned hostile. As many as 122 documents had been submitted and there was ample evidence. There was no lapse in anything,” Babu said.

He said the verdict would be challenged in a higher court and a decision would be taken after consulting the government and the investigators.

S. Harishankar, who led the investigation team as the then police superintendent of Kottayam, expressed shock at the verdict.

“This is a very unfortunate verdict. I had spoken to the prosecutor last night and even this morning and we had expected a 100 per cent conviction,” he told reporters.

“Under no circumstances can this verdict be accepted. We will definitely go on appeal,” he said, adding that director-general of police Anil Kant had already spoken to him about it.

“We see this judgment as a massive shock since the Supreme Court has said that a victim’s statement alone is a satisfactory piece of evidence for conviction,” Harishankar said.

He cautioned about the implications of such a judgment, which could further silence survivors of sexual assault.

“We need to realise there could be so many others in similar situations. Sexual exploitation could be happening in orphanages, children’s homes, mental asylums and old-age homes where such fiduciary relations exist.”

Sister Lucy Kalappura, who faced the wrath of the Church for backing the survivor, expressed grief at the verdict. “I join all those who extended solidarity with the nun and express my grief. The truth is that the survivor did not get justice. So there should be action to ensure justice for the survivor,” said the nun who was expelled from her convent in Wayanad for standing up for the survivor.

A 2,000-page chargesheet was submitted in April 2019 while the trial commenced in November that year and concluded on January 10, 2022.

Among the 39 witnesses examined during the trial were the major archbishop of the Syro-Malabar Church, Cardinal George Alencherry, three bishops, 11 priests and 25 nuns.