Section 159 of the Evidence Act, provides as under:
"159. Refreshing memory.--A witness may, while under examination, refresh his memory by referring ... correct. When witness may use copy of document to refresh memory.--Whenever a witness may refresh his memory by reference to any document
used by the police officer who has made it to
refresh his memory or if the Criminal Court uses
it for the purpose of contradicting ... case diary is
used by the police officer for refreshing his
memory or the Criminal Court uses it for the
purpose of contradicting such police
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
(126) vs Shahabuddin Etc. Sc No. 73/14 Page 126 Of ... on 5 September, 2014
that she did
not want to die". Only after refreshing memory, the doctor
could state the deceased to have disclosed that her in-laws
check up his records as he could
not remember without refreshing his memory. But then the defence counsel
seriously objected and wanted the court ... language recognising the
aforesaid necessity. The section reads thus :
"759. Refreshing memory :- A witness may, while under examina-tion, refresh
his memory by referring
used only to corroborate his statement under Section 157 , or to refresh his memory under Section 159 , or to contradict his statement in the witness ... 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
they are used by
the police officer who made them to refresh his
memory, or if the Court uses them for the
purposes of contradicting ... used by
the police officer who made the entries for refreshing his
memory or if the Court uses it for the purpose of contradicting
such
used by the officer when under examination for the purpose of refreshing his memory. Similar was the view in Rangappa Gondan v. Emperor ... High Court observed that the postmortem report can be used for refreshing the memory of the doctor while giving evidence in the court and that
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
