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Gyan Singh   22 April 2022

Query

Case was registered Mar 1984 on section 376 IPC against the person that time judgement had not come in favour of us. Lawyer suggested us for reapeal at High court and the person got the bail now once again decision has come against him and the judgement delivered on 21 Apr 22 but delivery date mentioned on judgement that is 07 Jan 22.


Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 April 2022

The IPC section 376 describes the punishment for a s*xual offence such as rape. It is characterized as a non-bailable offence which means that bail cannot be given as a matter of right.

Divya Vijayan   22 April 2022

Hello sir!

You can file under section 362 of CrPC, when a court has signed a judgment, they cannot alter the same except to correct a clerical or arithmetical error. The same can be done in civil cases as well but under section 152 of CPC.

In Kushalbhai Ratanbhai Rohit & Ors vs State Of Gujarat on 6 May, 1947, it was held that the order to review or recall is not permissible in view of the provisions of Section 362 Cr.P.C. for the simple reason that Section 362 Cr.P.C. puts an embargo to call, recall or review any judgment or order passed in criminal case once it has been pronounced and signed. In this case, the order was dictated in the court, but had not been signed.

Kindly refer the link for reference:-

https://www.lawyersclubindia.com/articles/clerical-and-arithmetical-error-1261.asp

Hope this was helpful!

Dr J C Vashista (Advocate)     23 April 2022

You have stated to have committed crime and booked u/s 376 IPC in the year 1984 and the judgment came aginst you.

Later on in appeal before High Court the judgment stated to have been delivered on 21.04.2022 ( actually / physically) in your favour,  which was stated to be delivered on 07.01.2022  

Unbelievable statement.


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