In January 2022, the Allahabad High Court granted bail to two brothers accused of gang-rape, citing the victim’s refusal to undergo a medical examination as a key factor in the decision.
According to the FIR, the victim alleged that she was kidnapped by unknown individuals who made her unconscious and confined her to a room. During this period, she claimed they gave her alcohol and repeatedly mistreated her. This ordeal allegedly continued for a week before she was left in an abandoned state near a railway crossing. She later identified three men, accusing them of gang-rape.
The complainant, a married woman who had left her husband due to alleged mistreatment, did not agree to a medical examination after making the allegations. This refusal led the High Court to question the authenticity of her claims.
Justice Rahul Chaturvedi, who presided over the case, remarked on the gravity of the situation, stating, “In such serious matters, it is essential to establish the truth of the allegations. It is mandatory for the victim to undergo a medical examination to support the rape claim. It is not a choice to refuse this examination.”
Justice Chaturvedi further noted that it was improbable for three real brothers to commit such a crime together, especially without any medical evidence to corroborate the allegations.
Due to these circumstances, the court granted bail to the accused brothers, highlighting the necessity of medical evidence in substantiating serious claims like gang-rape.
The decision underscores the importance of thorough investigations and evidence in legal proceedings, especially in cases involving severe accusations.
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