BHARTI GARG
GARG Date:
2022.06.09
15:18:10 +0530
he had refreshed my memory from police file before giving his
statement in the Court ... over his witnessing the
accident. He further admitted that he had refreshed his memory from
the police file before entering the witness box which altogether
witness also admitted that he had refreshed his memory
on 11.09.2019 before he entered the witness box and before his
examination in chief was recorded ... accused that PW10 was a tutored witness as he admitted
having refreshed his memory before entering the witness box and in this
regard reliance
take the this court's leave to let PW-7 refresh his
memory under Section 159 of the Indian Evidence Act.
21. Per contra ... Page No.9 of 17
because the accused was permitted to refresh his memory he cannot
be declared a hostile witness.
22. Heard. This court
with reader ACP, CBT.
18. PW16 Radhey Shyam after having his memory
refreshed, deposed that he does not know anything about the
present case
signatures at Point "A". He
seeks permission to refresh his memory stating that due to lapse of time he was not
able ... recall the vehicle number. After refreshing the memory, he stated that the
vehicle no. was DL8SAM3574. The motorcycle was of black in colour
about the accident despite having been given the opportunity to refresh his
memory. However, during his cross-examination on behalf of the
prosecution ... disclose anything about the incident and was
given time to refresh his memory. After refreshing his memory, PW-7 is the
only witness
exact date he did not remember. Witness further replied after
refreshing his memories from the judicial record that as per record of the
document
Cc No.385/19 Cbi vs . Anil Kumar & Anrs. Page 1 Of 81 on
State vs . on 18 August, 2022
1
In the Court of Dig Vinay Singh: Special
that he gave his
statement after refreshing his memory. He further denied the suggestion that
accused persons had been falsely implicated in the present case