In January 2022, the Allahabad High Court granted bail to two brothers accused of gang-rape. The court observed that the complainant had refused to undergo a medical examination to validate her allegations, raising doubts about the authenticity of the case.
The Case Details
According to the FIR, the complainant alleged that she was kidnapped by unknown individuals, drugged, and confined in a room where she was repeatedly abused over a week. She later identified three individuals, including the accused brothers, as the perpetrators.
The complainant, a married woman estranged from her husband due to alleged mistreatment, stated she was abandoned near a railway crossing after the incident. Despite her claims, she declined to undergo a medical examination, which could have provided crucial evidence.
Court Observations
Justice Rahul Chaturvedi, presiding over the case, stated:
“In such serious allegations, it is mandatory for the victim to undergo a medical examination to substantiate claims of rape. It is not her discretion to refuse this procedure.”
The court also noted the improbability of three real brothers committing such a crime, further compounded by the absence of medical evidence.
Bail Granted
Based on the lack of medical evidence and inconsistencies in the allegations, the court granted bail to the accused brothers. Justice Chaturvedi emphasized the need for concrete evidence in cases of such gravity to uphold the judicial process.
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