Share
Financial recovery from corrupt judge in fraudulent judgment in financial fraud case, criminal proceeding in Prevention of Corruption Act
Question
Respected Sir, I have filed FIR in financial fraud in Dec 2018. Police arrested the national level fraudster and filed chargesheet under IPC 420,406,419,472. Later during criminal proceeding, trial court added IPC 465, 467, 471. Finally in judgment, judge intentionally maliciously fraudulently removed lifetime imprisonment IPC charges 467 and 472 and convicted that national level fraudster for only 2 years and 9 months for which he was already in jail and let him immediately free and now he is absconded. No recovery has been done from that national level fraudster. The corrupt judge is retiring on 30 Jun 2023, only one month later. I have submitted complaint against corrupt judge consisting of 150 pages along with complete documents and evidences to High Court Vigilance Section on 27 Feb 2023 under various sections of Prevention of Corruption Act along with complete recovery of amount involved from corrupt judge.
My query is that whether complete involved amount can be recovered from corrupt judge along with criminal proceedings under Prevention of Corruption Act against corrupt judge ?
Answer ( 1 )
NO. No recovery can take place in the criminal proceedings. If you want to recover the money paid by you to the fraudster, file a recovery suit agaiinst him wherein after the decree is passed in your favour, the money can be recovered by attaching his properties/bank accounts by the executing court.
The view of the judge may be different and the judgment if subjective will not lead to any financial constrain on the judge who after adducing and going through the evidences submitted has already convicted the accused under certain offences which stood proved beyond reasonable doubt. file a appropriate appeal against acquittal of the accused person in the Appellate Court challenging the acquittal under specific sections and demand compensation for the amount involved. it is the discretion of the court to grant the same or not.