they are used by the police officer who made them to refresh his memory, or if the court uses them for the purpose of contradicting ... diary only when it is used by the Police Officer to refresh his memory or the court uses the same for the purposes of contradicting
state. Moreover, the witness was entitled to refresh his memory and if his memory was refreshed, it does not amount tutoring. Perusal of entire evidence
Patrolling Supervisor in Group4, Security Service then. After refreshing
memory, PW1 deposed that on 08.07.2011 when he was about to hand over
his duty
know the exact date of
incident. However, he wants to refresh his memory. It was
allowed and thereupon he deposed that he reached ... know the time and date and after he was allowed to refresh his
memory he deposed. He initially denied that he cannot identify
the case
this witness can only be used by its scribe for refreshing the memory as per Section 159 of the Evidence Act and by the Counsel
report, which in
normal circumstances ought to be used only for refreshing the
memory of the Doctor or to contradict whatever he might say from
report, which in
normal circumstances ought to be used only for refreshing the
memory of the Doctor or to contradict whatever he might say from
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
registered, therefore, Dharmendra had sufficient time
to recall the incident and refresh his memory but he did not prefer to
do so. Surprisingly, police authorities
that he joined the
investigation with the investigating officer. This witness refreshed his
memory by going through his earlier statement recorded by the
investigating officer
