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
1310 of 2010 28
corroboration under Section 157 or refreshing his memory as laid
down in Section 159 or for contradicting his statement ... only for
the purpose of corroboration or contradiction or
refreshing the memory. If in any case the doctor is dead
or is not available
unless he is
examined. It can be used for corroboration or
refreshing memory or for contradiction of his
evidence in court. If, however, the doctor
statement of Inspector of police who was legally entitled to refresh his memory in the court at the time of making the statement wherein specific
trial to prove the injuries of the injured person. He could refresh his memory under Section 159 , Evidence Act by referring to the injury report
failed
to recollect the incident which occurred in 1989 without
refreshing his memory with reference to the injury report. He
could not identify the person
Sushil Arora vs State on 8 February, 2017
Author: R.K. Gauba
Bench: Gita Mittal
