Allahabad HC Grants Bail To Gang-Rape Accused Real Brothers As Victim Refused To Get Herself Medically Examined

The Allahabad High Court last week granted bail to 2 real brothers who have been accused of committing gang-rape upon a victim as the Court noted that she, after leveling the allegations, never admitted for any medical examination so as to establish the fact of gang rape upon her.

"This is the 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," the bench of Justice Rahul Chaturvedi observed while granting bail to 2 real brothers/accused.

The case in brief 

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 Sections 328, 343, 376-D, 504, 506 I.P.C. and Section 3(2)V of the S.C./S.T. Act.

As per the allegations in the F.I.R., the victim 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 positively identified all three named persons (real brothers) for 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 F.I.Rs. 

Court's observations 

Noting that the victim refused to get herself medically examined, 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.

"After leveling 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," the Court observed as it allowed the appeals and granted them bail.

Case title - Suresh Yadav @ Suresh Kumar Yadav v State of U.P. and Another
Case Citation: 2022 LiveLaw (AB) 16

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