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2009(1) Supreme 615
SUPREME COURT OF INDIA
Markandey Katju and V.S. Sirpurkar, JJ.
Suzanne Louise Martin — Appellant
versus
State of Rajasthan & Anr. — Respondents
Criminal Appeal No. 78 of 2009
Decided on : 16-01-2009
Facts of the case :
Present appeal has been filed against order of High Court suspending sentence of accused convicted u/s 376 r/w 450 of IPC and granting him bail.
Findings of the Court :
Appellant, a British journalist and business woman was raped by respondent 2 owner of guest house where she was staying. Appellant alleged that because of incident she was emotionally, mentally and physically wrecked and became totally uncapacitated to even think and act like a normal human being. Held to be not a fit case where sentence awarded ought to have been suspended and accused released on bail by High Court without expressing any opinion on merits of dispute and culpability of accused. High Court hence held totally unjustified in granting bail to accused or in suspending sentence.
Result : Appeal allowed.
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. This Appeal has been filed against the order dated 29.07.2008 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur in D.B.Criminal Miscellaneous Bail Application/Suspension of Sentence Petition No. 712 of 2008 in D.B.Criminal Appeal No.344 of 2008 whereby the High Court has suspended the sentence awarded to the accused-respondent No.2 under Section 389, Cr.P.C. and granted him bail on certain conditions. We have carefully perused the record in this case, especially the first information report bearing No.18 dated 9.1.2008 registered under Sections 376 & 450 of the Indian Penal Code at Police Station Ambamata District, Udaipur in which serious allegations have been made against the respondent-accused. The appellant is a British journalist and business woman. She had come to India and was staying in Pardeshi Guest House, Udaipur. On 23/24.12.2007, the respondent No.2, who was running the guest house, barged into the room where the appellant was staying and forcibly raped her. She has alleged that because of this incident she was emotionally, mentally and physically wrecked and became totally uncapicitated to even think and act like a normal human being. We have also perused the judgment of the trial Court convicting the accused on both counts and awarded life imprisonment under Section 376, IPC.
4. Under the circumstancaaes, without expressing any opinion on the merits of the dispute and culpability of the accused, we are certainly of the opinion that this was not a fit case where the sentence awarded should have been suspended and the accused released on bail. The High Court was, thus, totally unjustified in granting bail to the accused, or in suspending the sentence.
5. Accordingly, we accept this appeal, set aside the impugned judgment of the High Court and cancel the bail granted to the accused-respondent No.2. He shall be taken into custody forthwith. However, we would request the High Court to dispose of the appeal expeditiously.
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