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2009 Supreme(SC) 61

V.S.SIRPURKAR, MARKANDEY KATJU
Suzanne Louise Martin – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
For the Appellant :Vikram Choudhary and Nikhil Jain (for Ajay Pal), Advocates.
For the Respondents:Jatinder Kumar Bhatia, Rajendra Singhvi and K.K.L. Gautam (for Brij Bhusan), Advocates.

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



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