believable since he seems to have stealthily refreshed
his memory by reading pre-trap panchanama and post-trap
panchanama for two to four times, which ... wherein in
the similar circumstances, the evidence of the witness,
who refreshed his memory in the same manner in which
Sheshgir Kulkarni (PW4) refreshed
nine years' old, there
was nothing wrong in the witness refreshing his memory by
reading his statement before deposing about the incident
::: Uploaded ... minute details. There would indeed be nothing
wrong in the witness refreshing his memory, but that ought
to be done before the Court
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
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
examination-in-chief this note: "He refreshed his memory, from time to time, by consulting his written statement to the police during investigation ... evidence without the use of the statement to refresh his memory would have been in any material particular different from the evidence which he actually
statement but by putting it in the hands of Narayanrao to refresh his memory and get him to contradict the statement of Shankar ... doubt it might have been used for the purpose of refreshing the memory of the witness cross-examined as to the fact of the statement
thus:
"There would indeed be nothing wrong in the witness
refreshing his memory, but that ought to be done
before the Court ... falter on some material aspect, he could be
allowed to refresh his memory with reference to the
contemporaneous records of the incident created
Bangera is concerned, the Metropolitan Magistrate had permitted him to refresh his memory and had permitted him to go through his previous statement. The Sessions ... previous statement could never be allowed to be used either for refreshing the memory or for corroborating the evidence which was being given
bear relation to real life characters try to find out by refreshing memories and knowledge about events and personalities as to who these real life
