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4. Learned counsel for the petitioner submits that Section 159 of the Indian Evidence Act, 1872, expressly permits any witness to refresh his memory during the course of evidence, including at the stage of chief examination, without any restriction. In the present case, the transaction in question took place in the year 2005, i.e., nearly eighteen years ago. It is, therefore, reasonable and necessary for the witness to refer to the relevant documents to accurately recall the facts. Counsel contends that denying the witness the opportunity to peruse such documents for the purpose of refreshing his memory would cause prejudice to the prosecution's case, as an incomplete or inaccurate recollection might arise. Moreover, the defence would retain its full right to test the veracity of the witness's testimony through cross- examination. Accordingly, it is urged that the petitioner ought to have been permitted to peruse the documents, as prayed for, during his chief examination. In support of this contention, learned counsel has placed reliance on the following authorities: (i) Rajesh Jha v. State of U.P., 2019 SCC OnLine All 5013, and (ii) State of A.P. v. Chimalapati Ganeshwar Rao, AIR 1963 SC 1850.

"159. Refreshing memory. A witness may, while under examination, refresh his memory by referring to any writing 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 4 NTR,J Crlp_3082_2024 he knew it to be correct. When witness may use copy of document to refresh his 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."

10. The above provision sets out the manner in which a witness may refresh his memory during examination. It permits a witness to refer to any writing made by himself at the time of the transaction in question, or soon thereafter, or to any such writing made by another person, provided it was adopted or verified by the witness within a reasonable time of the transaction. It has also been judicially held that it is not necessary for the writing referred to be one that is otherwise admissible in evidence. Even a document that has not been produced in court within the prescribed time may be used by a witness to refresh his memory, if it falls within the ambit of this section. However, the court is not entitled to take cognizance of the substantive contents of a document that is inadmissible in evidence merely because it was referred to by a witness for the limited purpose of recalling, for instance, a date or other factual detail. The mere act of handing over a document to a witness for refreshing his memory does not, by itself, render that document a part of the evidentiary record. Section 161 of the IEA makes it clear that the opposite party has the right to inspect any writing so used by a witness and to cross-examine 5 NTR,J Crlp_3082_2024 the witness on it. This safeguard ensures that the opposing party can fully test the witness's recollection, guard against the use of improper documents, and, if necessary, compare the oral testimony with the written material referred to. It must also be noted that Section 159 of the IEA does not permit a witness to depose by continuously reading from a document.

14. Accordingly this petition is ordered in the following terms:

(a) The petitioner is entitled to refer the documents prepared at the time of the transaction or soon thereafter and the trial court shall exercise its judicial discretion in determining the admissibility and scope of such reference in each instance.

(b) It is, however, expressly clarified that any document used merely to refresh the witness's memory cannot, by that fact alone, be treated as independent evidence. Unless such a document is otherwise 7 NTR,J Crlp_3082_2024 duly proved in accordance with law, it shall have no evidentiary value in itself. Furthermore, the allowance to refresh memory does not permit the witness to read directly from the document as if it were his testimony. The witness must, after refreshing his memory, depose orally based on his recollection.