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Allahabad High Court Grants Bail to Brothers Accused of Gang-Rape After Victim Refuses Medical Examination

In January 2022, the Allahabad High Court granted bail to two brothers accused of gang-raping a woman. The court made this decision after noting that the complainant did not agree to undergo a medical examination, which could have verified her allegations.

According to the FIR, the victim claimed she was kidnapped by unknown individuals, made unconscious, and then confined in a room. She alleged that during her captivity, she was repeatedly given alcohol and mistreated. This reportedly continued for a week before she was abandoned near a railway crossing. The woman later identified three men, accusing them of gang-raping her.

The victim, who is married, stated that she had left her husband due to his mistreatment.

Justice Rahul Chaturvedi, who presided over the case, emphasized the importance of medical evidence in such serious allegations. He stated, “In serious matters like this, it is necessary to verify the authenticity of the claims. The victim is required to undergo a medical examination to support her rape allegation. It is not a matter of personal choice whether to agree to a medical examination or not.”

The judge further remarked on the improbability of three real brothers committing gang-rape and highlighted that the victim’s refusal to undergo medical examination weakened the connection to her allegations. These considerations led to the decision to grant bail to the accused brothers.

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