In January 2022, the Allahabad High Court granted bail to two brothers accused of gang-raping a woman, after the court noted that the victim had refused to undergo a medical examination to confirm the allegations. The court found this refusal significant in assessing the credibility of the claims made in the FIR.
According to the FIR, the woman alleged that she was kidnapped by unknown individuals, made unconscious, and then confined in a room where she was repeatedly given alcohol and subjected to mistreatment over a week. She claimed that after this period, the accused left her near a railway crossing in an abandoned state. Later, she identified the three men and accused them of gang rape.
The complainant also revealed that she was a married woman who had left her husband due to mistreatment.
Justice Rahul Chaturvedi, who presided over the case, remarked on the gravity of the situation, emphasizing the importance of medical examination in establishing the truth of such serious allegations. The judge stated that it is not optional for the victim to refuse a medical examination when accusing someone of a crime as severe as rape.
The court considered it highly improbable that three real brothers would commit such an act together, especially in the absence of any medical evidence to support the allegations.
