before the Trial Court has looked into the
case diary for refreshing his memory, and therefore, in
view of Section ... since the Investigation Officer has looked into
the case diary to refresh his memory while he was
examined before the Court, for the purpose
cannot make use of the panchanama even for the purpose of refreshing his memory. But Section 159 of the Indian Evidence Act says that when ... witness is under examination he may refresh his memory by referring to any writing made by himself at the time of the transaction concerning which
plaintiff's witnesses, or, handed to a
witness merely to refresh his memory.
ORDER XIII, RULE 1 reads as under :
Original documents ... other party, or
(b) Handed over to a witness merely to refresh his memory.
For the purpose of this matter, even order XI, Rule
Indian Evidence Act which
reads as under:
"159. Refreshing memory:
A witness may, while under
examination, refresh his memory by
referring to any writing ... correct.
When witness may use copy of
document to refresh memory:
Whenever a witness may refresh his
memory by reference to any document
incident out of his own
memory and would be allowed to refresh memory before the Court
by referring to his earlier statement or with reference ... record of Investigating agency created during the
course of investigation. However, refreshing memory before entering
the Court and to depose accordingly in the entire evidence
police diaries' by the
prosecution for 'refreshing memory'.
Sec. 172 of the Code ( Criminal Procedure Code , 1898) provides that
if a police ... Right of adverse party as to writing used to refresh
memory: Any writing referred to under the provisions of the two last
259
preceding sections
wiffs' witnesses, or handed aver io a
witness merely fo refresh pe memory, °°
3.2 Sub-rule (1) of Rule {4 of Order VIE provides ... defendant or handed over to a witness merely ta refresh
his memory, °°
Lod
a
By the Code of Civil Procedure Amendment
(126) vs Shahabuddin Etc. Sc No. 73/14 Page 126 Of ... on 5 September, 2014
victim for
providing the copy of CD for the purpose of refreshing memory
before recording her evidence was dismissed with cost of rupees ... revisionist before leading the evidence for the purpose of
refreshing memory and other purposes also. The learned Trial
Court had not marked the presence
witnesses, or, handed over to a witness merely
to refresh his memory.]
Order VIII Rule 1A
[1-A. Duty of defendant to produce documents upon ... witnesses, or
(b) handed over to a witness merely to refresh his memory.]
Order XIII Rule 1
1. Original documents to be produced
