Evidence Act, 1872, Section 9 -- Identification parade - Purpose - The purpose of identification parades are : (a) to test the memory of witness; (b) to test their veracity and; (c) to enable the prosecution to decide whether they could site person concerned as an eye-witness of the crime; (d) identification of accused by witness for the first time in Court after a long..........
Criminal Procedure Code, 1973, Section 172 -- Case diary - Every police officer making an investigation shall enter his proceedings in a diary called as case diary - Any criminal Court may send for said `case diary' and may use such diary not as an evidence in the case, but to aid in such trial - Accused cannot call for such diaries and see them - However, if the case..........
Evidence Act, 1872, Section 159 -- Refreshing memory - Offence u/ss 13(1)(d), 13(2) of P.C. Act - In the instant case, witness is provided with copy of post trap panchanama much prior to date of his examination before Court - Admittedly, he read said panchanama for 2 to 4 times - Witness refreshed his memory not with permission of Court but stealthily - Therefore, there..........
Criminal Procedure Code, 1973, Section 172 -- Police diary - Right to inspect police diary by accused - Is very limited in extent that arises only when Court uses the entries to contradict the police officer or when police officer uses it for refreshing his memory - Unfettered power conferred by Statue u/s 172(2) Cr.P.C. on the Court to examine the entries of police diary..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Right of accused to cross-examine police officer with reference to entries in police diary is very much limited in extent and even that limited scope arises only when Court uses entries to contradict police officer or when police officer uses it for..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Court does not use police diary entries for purpose of contradicting police officer or if police officer does not use same for refreshing his memory, then question of accused getting any right to use entries even to that limited extent does not arise -..........
Criminal Procedure Code, 1973, Section 172, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Neither police officer has refreshed his memory with reference to entries in police diary nor has trial court used entries in diary for purpose of contradicting police officer, it is not open for accused to produce certain pages of police diary obtained by him..........
Evidence Act, 1872, Section 3, 65B, Jammu and Kashmir Evidence Act, 1977, Section 65B -- Electronic record - Memory cards and CD being document within the meaning of Ss.3 and 65-B of the Act, shall be admissible as electronic evidence...........
Evidence Act, 1872, Section 65B, 137, Criminal Procedure Code, 1973, Section 231 -- Electronic record - Cross examination - Production of memory card and CD to contradict one of the witness in cross examination with regard to their earlier statement by defence - Shall be taken on record with direction to produce them at time of taking defence evidence - Therefore, Court..........
Evidence Act, 1872, Section 3 -- Document - Articles like Memory Card, Hard Disc, CD, Pe, drive, etc., containing relevant data in electronic form are `documents' as defined u/s 3 of Evidence Act, albeit, marking them as material objects...........
