In a blatant misstep, it is known that the Chandigarh Police did not order a thorough medical examination for Vikas Barala and his friend Ashish Kumar, who were allegedly stalking Varnika Kundu, a disc jockey.
While the city police did order a medical examination for the two accused before filing an FIR, the duo refused to give their blood and urine samples. Hence, the medical examination report was solely based off observations.
“Their breath smelled of alcohol and their eyes were red (congestion of the conjunctiva) and both denied to give blood and urine samples to testify the blood alcohol contentReport Submitted by Civil Hospital, Manimanjra
While police are reportedly insisting that they get their medical examinations done, legal experts are of the opinion that the lack of it will cause a roadblock in the case.
Speaking to Hindustan Times, Punjab and Haryana High Court Senior Advocate Atul Lakhan Pal said that the presence of the blood and urine samples could have strengthened the case against the accused in the court.
"There is cast-iron case of stalking against the two accused even though they were not medically examined (blood and urine sample not taken). The proof of drunkenness would have further aggravated their culpability,” said Senior Advocate Anupam Gupta.
Further, police could have charged the duo under non-bailable offences category based on the medical report.
(With inputs from Hindustan Times)
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