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.... 164 Cr. P.C, in the hands of the witness for refreshing his memory. Such a course was objected to by the other side, and the learned City Magistrate after hearing the arguments on both the sides on...recorded under sec. 164 Cr. P.C for the purpose of refreshing the memory of the witness.2. Sec. 159 of the Indian Evidence Act lays down that:—“A witness may, while..., therefore, clear that a statement recorded under sec. 162 Cr. P.C cannot be made use of for refreshing the memory of a witness under the provisions of sec. 159 or 160 of the Indian...
...aforesaid necessity. The section reads thus:“159. Refreshing memory.—A witness may, while under examination, refresh his memory by referring to any writing made by himself at...refreshing his memory. But then the defence counsel seriously objected and wanted the Court to disallow him from looking into such records. It is not clear whether the said objection was upheld or...right ventricle measured 2 cm × 0.5 cm. The lower end of the wound was sharp and the upper end blunt.9. PW 11 Sharadamma is the star witness of the prosecution. She stood by the...
...PW 1 Pundlik. The learned Additional Public Prosecutor submitted that since the incident was nine years' old, there was nothing wrong in the witness refreshing his memory by reading his statement...before deposing about the incident giving minute details. There would indeed be nothing wrong in the witness refreshing his memory, but that ought to be done before the Court and not outside the Court. In...for the appellant submitted that since the witness was not stating the facts from his memory, the entire evidence of this witness Prabhakar would be inadequate to provide any corroboration to that of...
...exception only in respect of those documents which are to be handed over to witnesses for refreshing his memory or to which witness, may be confronted during cross examination. Thus, if any documents are...
...for CBI Cases for Bangalore City, holding that a witness, while he is being examined as a witness in a Court, is entitled to look into a mahazar for refreshing his memory.
2. In the...the possession of each accused, the witness sought for permission to look into the mahazar and P.F. for the purpose of refreshing his memory, and that was objected to by the learned Counsel for the...could look into the mahazar for refreshing his memory. After the witness looked into the mahazar, he has given the details of the weapons seized from the possession of some of the accused, which...
...CBI Cases for Bangalore City, holding that a witness, while he is being examined as a witness in a Court, is entitled to look into a mahazar for refreshing his memory.2. In the trial of...possession of each accused, the witness sought for permission to look into the mahazar and P.F for the purpose of refreshing his memory, and that was objected to by the learned Counsel for the accused...into the mahazar for refreshing his memory. After the witness looked into the mahazar, he has given the details of the weapons seized from the possession of some of the accused, which portion of the...
...admittedly read the plaint and panchnama for refreshing their memory before entering into the witness box. Learned Single Judge of this court in Sharad Namdeorao Shirbhate Vs. State...of Maharashtra1has held that there would be nothing wrong in witness refreshing his memory by reading his statement before deposing about the incident giving minute...details but that ought to be done before the court and not outside the court. Court also held that it would not be permissible for such a witness to stealthily refresh his memory before entering the...
...witness pointed out that even after refreshing his memory the witness did not reconcile with the inconsistencies in his statement with the contents of the documents prepared by him. The Division Bench...conducted at Alka Hotel, Connaught Place, New Delhi, no independent witness of the locality was called despite the fact that it is a very populous area of the metropolis. True, no independent witness has...affixed signature on Ext. P-80 seizure memo. The police officer said that they made an effort to secure at least two persons from Connaught Place but none was willing to be a witness. It is no...
...circumstances ought to be used only for refreshing the memory of the doctor witness or to contradict whatever he might say from the witness box. In this context reference may be made to a decision of the...Witness 2) was to the following effect:“2. On 27-6-1980 at 12 p.m a Panchayat was held in the garden of Yogendra Prasad. I went to the Panchayat and told the Head that...of the case set up by the informant. It is very useful if recorded before there is time and opportunity to embellish or before the informant's memory fades. Undue or unreasonable delay in lodging the...
...:
"159. Refreshing memory:
A witness may, while under examination, refresh his memory by referring to any ...witness may refer the office file for refreshing the memory under examination. If the official witness is not allowed to look into the original records, there is a possibility of giving incorrect facts...that time fresh in his memory.
The witness may also refer to any such writing made by any other person, and read by the witness...
...refreshing memory of the child witness by her maternal aunt. After refreshing her memory by her maternal aunt to such a child witness cannot be considered as a tuting...because the refreshing of memory of the witness is admissible in the Evidence Act. Therefore, after refreshing the...that the prosecution case is based only on the alleged eye witness account of child witness PW4-Ku.Racchu, whose age has also not been given anywhere nor any attempt was made either by the prosecution...
...Sections 159 and 160 of Evidence Act and contended that P.W-1 could depose to facts by looking into document (sheet of paper containing notes). This is known as refreshing memory contemplated under ...slip of paper (the notes of inspection of document) containing notes and give out the contents contained therein by way of refreshing memory as contemplated under ...and recorded of the original of documents be allowed as secondary evidence?11. Mr. Holla has strongly urged that the witness could in the witness box by way of refreshing his memory as...
...for the accused referred the Provisions of Sections 159 and 160 of the Indian Evidence Act, which are reproduced as under:—159. Refreshing memory.—A witness may...granted to refresh his memory. This order has been challenged vide this petition by the accused petitioner with a prayer to recall the entire statement of this witness.2. Learned counsel...time fresh in his memory.The witness may also refer to any such writing made by any other person, and read by the it witness within the time aforesaid, if when he read it he know it to be...
...taken care to refer the panchnama to the panch witness to refresh his memory. According to the learned Advocate, if the panchnama was referred to the panch witness, then after refreshing his memory, he...time also the Government Pleader has not referred the panchnama for refreshing the memory of the witness. Again in the cross examination this witness said that it is true that he did not hear the talk.... This court agrees with the submission of Mr. Patel that the panchnama was never referred to the panch witness to refresh his memory and during the chief examination as well as the cross examination...
...obviously after refreshing his memory from the Police Case Diary the investigating officer would make his answer in the affirmative. The answer of the investigating officer would prove the statement which..., deals with statements in Writing, and requires the portion of the writing which is sought to be used for contradiction to be brought to the notice of the witness and the witness being questioned about it...be relied on. It may not be relied on as a contradiction as such, but it may be relied on as a relevant circumstance. To give an example, if a witness stated on oath, before the Court trying a murder...
...since the incident was nine years' old, there was nothing wrong in the witness refreshing his memory by reading his statement before deposing about the incident Cri.Apeal 618/03 17 Judgment giving minute...details. There would indeed be nothing wrong in the witness refreshing his memory, but that ought to be done before the Court and not outside the Court. In order to test the veracity of a witness, he...learned Single Judge has observed thus: There would indeed be nothing wrong in the witness refreshing his memory, but that ought to be done before the Court and not outside the...
...confront the witness for refreshing his memory, under Order VII Rule 14 (4); Order VIII Rule 1-A(4) and Order XIII Rule 3 of C.P.C...refreshing his memory, under Order VII Rule 14 (4), Order VIII Rule 1-A(4) and Order XIII Rule 3 of the Code of Civil Procedure without seeking prior leave of the Court. Mr. Kulkarni, learned counsel for the...Nagpur has recently ruled in above said case that documents can be directly produced at the stage of cross-examination of a witness, (who is not a party to the suit), to confront the witness for...
...further submitted that the provisions of hand over the documents to the witness for refreshing his memory has continued despite the amendments in the Civil Procedure Code in 1999. It is submitted that...equated with the witness and cannot be confronted with a document by casting surprise upon him. It is submitted that the said writ petition was between the same parties, however, a liberty was granted to...that the petitioner is the first witness of his side and his deposition has been so recorded by the Court. Both the parties depose as their respective first witness in civil Suits. It is submitted that...
...appear that this Police officer, when examined as a witness, desired so to refresh his memory. I think that the accused was not entitled to insist upon the Police officer refreshing his memory by referring...refreshing the Police officer's memory. I think the prisoner has no such right. I know of no authority for saying that a witness can be compelled to refresh his memory from any document, unless the...with regard to the second point. With regard to the first point, I have a very few words to add regarding the question of refreshing the memory. I entirely agree, if I may say so, with what was...
...thus: There would indeed be nothing wrong in the 9 Apeal27405.odt witness refreshing his memory, but that ought to be done before the Court and not outside...the Court. In order to test the veracity of a witness, he would be required to recollect the incident out of his own memory and should he falter on some material aspect, he could be allowed to refresh...his memory with reference to the contemporaneous records of the incident created by the police. It would not be permissible for such witness to stealthily refresh his memory before entering the Court...