READ ORDER | Allahabad HC Grants Bail To Three Brothers In Alleged Gang Rape Case As Complainant Refuses To Undergo Medical Check Up

As we are amidst #MaritalRape debate, it is important for all to read the extent of misuse already happening in rape cases due to other disputes or motives.

The Allahabad High Court last week granted bail to three brothers who had been accused of committing gang-rape upon a woman. The bail was granted after the High Court noted that complainant, after levelling the allegations, never admitted for any medical examination so as to establish the fact of gang rape upon her.

While granting bail to the duo, the bench of Justice Rahul Chaturvedi observed,

This is a serious matter wherein the attending circumstances, it is required to establish the authenticity of the allegations. It is mandatory and obligatory on the part of the victim to get herself medically examined so as to substantiate the allegation of rape.

It is not her choice to admit or not to admit for the medical examination.

Case:

The Court was dealing with two criminal appeals filed assailing the legality and validity of the order passed by the Special Judge (SC/ST Act)/Additional Sessions Judge, Allahabad rejecting the Bail Application of the appellants in a case registered against them under:

• Section 328
• Section 343
• Section 376-D
• Section 504
• Section 506

…of the IPC

and Section 3(2)V of the S.C./S.T. Act.

As per the allegations in the FIR, the victim said she was kidnapped by some unknown persons, who made her unconscious and thereafter confined her into a room. They used to administer her liquor and misbehaved with her time and again.

Allegedly, this continued for another period of one week and thereafter, they left her in an abandoned condition near the railway crossing. She later identified all three persons accusing them of committing gang rape upon her.

Importantly, the counsel for the appellants submitted that the victim/ informant and her mother are in the habit of making such a type of frivolous FIRs.

Background of the Complainant

In her statement recorded under Section 161 Cr.P.C., the complainant woman states that she is a married lady but she herself deserted her husband on account of ill treatment extended by him.

The high court noted that the victim refused to get herself medically examined. Citing this behaviour, the court observed that the Apex Court, in its various pronouncements has clearly opined that it is risky to blindly rely upon victims 161 and 164 Cr.P.C. statements without having any supporting, independent documentary proof or any other confidence generating material collected during the investigation. Granting bail to all brothers in the matter, the bench remarked,

After levelling such a serious allegation against three real brothers, contentions raised that it is highly improbable that three real brothers could commit a gang rape with a lady, coupled with the fact that she has never admitted for any medical examination so as to connect the allegation of rape upon her.

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