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In January, 2022, the Allahabad High Court last were granted bail to two 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.

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.

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 bench of Justice Rahul Chaturvedi
remarked, 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.
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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