nine years' old, there
was nothing wrong in the witness refreshing his memory by
reading his statement before deposing about the incident
::: Uploaded ... minute details. There would indeed be nothing
wrong in the witness refreshing his memory, but that ought
to be done before the Court
thus:
"There would indeed be nothing wrong in the witness
refreshing his memory, but that ought to be done
before the Court ... falter on some material aspect, he could be
allowed to refresh his memory with reference to the
contemporaneous records of the incident created
witnesses, or, handed over to a witness merely to
refresh his memory.]
Order VIII - Written statement, set-off and counter-
claim
Rule 1-A : Duty ... witnesses, or
(b) handed over to a witness merely to refresh his
memory.]
Order XIII - Production, impounding and return of
documents
Rule 1 : Original documents
were underlined in red ink.
This clearly shows that said witness refreshed his memory before standing
in the witness box for deposing in support ... There would indeed be nothing wrong
in the witness refreshing his memory, but that
ought to be done before the Court and not
outside
English. It was submitted that when the said witness had
refreshed his memory by reading his statement in the office of
the CBI, his evidence ... Apeal476-09.odt
Judge had permitted the prosecution witness to refresh his
memory on the basis of his statement under Section
thus:
"There would indeed be nothing wrong in
the witness refreshing his memory, but that ought to be
done before the Court ... falter on some material aspect, he could
be allowed to refresh his memory with reference to the
contemporaneous records of the incident created
witnesses, or, handed over to a witness merely to
refresh his memory.]
Order VIII - Written statement, set-off and counter-
claim
Rule 1-A : Duty ... witnesses, or
(b) handed over to a witness merely to refresh his
memory.]
Order XIII - Production, impounding and return of
documents
Rule 1 : Original documents
2018 01:14:03 :::
9 Apeal274-05.odt
witness refreshing his memory, but that ought
to be done before the Court and not outside ... falter on some material aspect, he could be
allowed to refresh his memory with reference
to the contemporaneous records of the
incident created
thus:
"There would indeed be nothing wrong in the witness
refreshing his memory, but that ought to be done before the
Court ... falter on
some material aspect, he could be allowed to refresh his
memory with reference to the contemporaneous records of
the incident created
associates
reached the office and that he heard shouts. Upon refreshing
his memory, this witness named most of the accused, including
the respondents herein
