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Why Bishop Franco Mulakkal's Acquittal In Nun Rape Case Is Flawed?

 

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The Trial Court adopted a technical approach without appreciating the constraints under which a nun lives and the power dynamics involved in the case.


In the humble opinion of this author, is that it appears to have carried out the precept "falsus in uno, falsus in omnibus" (false in a single factor, false in everything) to reject the victim's testimony. According to the settled standards of evidence accompanied through Indian Courts, the proof of a witness is not to be discarded completely even though some components of it are incredible, exaggerated or misguided. There are numerous precedents that warning that the principle "falsus in uno, falsus in omnibus" (false in a single aspect, false in the whole thing) is not a valid rule to be carried out in India.

LOGINSUBSCRIBE Home/Columns/Why Bishop Franco...COLUMNSWhy Bishop Franco Mulakkal's Acquittal In Nun Rape Case Is Flawed?Manu Sebastian16 Jan 2022 eleven:04 AMSHARE THIS -The Trial Court adopted a technical approach without appreciating the restrictions beneath which a nun lives and the strength dynamics concerned within the case.The trial court which acquitted Catholic Bishop Franco Mulakkal inside the nun rape case implemented an entirely unrealistic general even as discarding the testimony of the sufferer in its entirety. The Additional Sessions Court at Kottayam not noted positive nicely-settled standards of appreciation of proof and followed an method that did not remember normal human behavior.The number one flaw in the judgmentAlso Read - Tendering Pardon To An Accomplice In A Case Triable By A Special Court Under The Prevention Of Corruption Act, 1988, in the humble opinion of this author, is that it seems to have applied the principle "falsus in uno, falsus in omnibus" (fake in a single th…


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