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(3) Reading over of such a statement to the witness be- fore he enters the box does not amount to use of such state- ment contrary to S. 162(1). The matter will now go back to the Division Bench.

61. Further, the Allahabad High Court in Rajesh Jha v. State of U.P., reported in 2015 SCC OnLine All 8917, has observed thus: -

"30. Section 159 of the Evidence Act, provides as under:
"159. Refreshing memory.--A witness may, while under ex- amination, refresh his memory by referring to any writing Judgment 33 CONF-2-2024-F.odt made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at 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 within the time aforesaid, if when he read it he knew it to be correct. When witness may use copy of document to refresh memory.
--Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document: Provided the Court be satisfied that there is sufficient reason for the non-production of the original. An expert may refresh his memory by reference to professional treatises".

31. From the provisions quoted hereinabove, it is evident that the witness can refresh his memory inter alia by referring to any writing made by himself at the time of the transaction or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory.

35. Lastly, we would like to make a reference to Volume 28 of the Halsbury's Laws of England, Fifth edition. Its para 562, throws light on the point of refreshing memory. Para 562 reads as under:

"A witness in criminal proceedings may be permitted to refresh his memory either in the course of his evidence or before going into the witness box. In practice, it would be almost impossible for a Court to control the extent to which witnesses refresh their mem- ories before testifying, the testimony would become more a test of memory than of truthfulness if witnesses were deprived of the op- portunity of checking their recollection beforehand by reference to statements or notes made at a time closer to the events in question. Any rule purporting to deny witnesses prior access to their state- ments would tend to create difficulties for honest witnesses but do little to hamper dishonest witnesses.
Judgment 35 CONF-2-2024-F.odt A document used by a witness to refresh his memory need not have been made by the witness personally, provided it was verified by him while the facts were relatively fresh in his memory. Where a witness has dictated a note to, for example, a police officer, he need not verify the original by inspecting it; it is enough if the officer reads back to the witness what he has written. Documents may be used to refresh memory even if they would not otherwise be admis- sible if tendered in evidence, and there seems to be nothing to pre- vent copies of original documents being used for this purpose.