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Showing posts with the label judgment vitiated by fraud

Trial Court Can Re-call It’s Judgment Vitiated By Fraud

The Allahabad High Court in Bimal Kumar S/o Arun Kumar Dixit vs State of U.P.  has held that when an acquittal was obtained by playing fraud upon the court, it is no acquittal in the eyes of law, and in such a case the bar of Section 362 CrPC would not come into play. Justice Anil Kumar Srivastava made this observation while disposing of a challenge against an order by the trial court wherein it recalled its acquittal order after it came to know that fraud was played upon the court by impersonating the witnesses. The trial court ordered a fresh trial be held from the stage of recording of prosecution witnesses. The accused challenged this order of the trial court, relying on Section 362 CrPC, contending that once a judgment has been delivered, the same cannot be reopened by the trial court. Negating the challenge, the court observed: “If the acquittal was obtained by playing fraud upon the Court, it is no acquittal in the eyes of law and no sanctity or credibility can be...