contemplates a reference to
the diary only for the purposes of refreshing memory or
contradicting the statements of witnesses in the Court
with the statements ... during the course of
investigation. Only when it is used for refreshing
memory, the procedure as envisaged under section 145
of the Evidence
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
author of the case diary, therefore, he was required
to refresh his memory after going through the statement of PW-4
as recorded
author of the case diary, therefore, he was required
to refresh his memory after going through the statement of PW-4
as recorded
author of the case diary, therefore, he was required
to refresh his memory after going through the statement of PW-4
as recorded
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
witnesses, or
(b) handed over to a witness merely to
refresh his memory."
From perusal of the aforesaid provision, it is apparent
that