Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 197 3 - s.172 -: Application filed by accused to file copies of police diary after completion of examination-in-chief of police officer to cross-examine him |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 197 3 - s.172 -: Application filed by accused to file copies of police diary after completion of examination-in-chief of police officer to cross-examine him .~ C Propriety of - Held: U/s. 172(3) the right. of accused to cross-examine the police officer with reference to the entries in the police diary is very much limited in extent and evei1 that limited scope_ arises only when the Court uses the entries to contradict the police officer or when police officer uses it for refreshing memories D . - Accused cannot force the police officer to. refresh his ml!;,,pry during his examination in the Court by referring to the entries in the police ¢iary - Neither the accused nor his agent is entitled to call for such diary and also not entitled to see them during the course of inquiry or trial - Thus, it is not open for the accused to produce certain pages of po{ice diary for the purpose of E . contradiqfing_police officer - Evidence Act, 1872 - s.145 - Penal Code, 1860 - ss.302 and 201. Evidence Act, 1872 - s.145 - Scope of s.172(3) Cr.P.C. with reference to s.145 of the Evidence Act - Held: A witness may be cross examined as. to his previous statements made by him as contemplated u/s.145 if such previous statements are brought on record, in accordance with law, before the Court and if the contingencies u/s.172(3) of Cr.P.C. are fulfilled_:_ s.145 does not either extend or control the provisions of s.172 of Cr.P.C. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2017 INSC 365 |
Petitioner | Balakram |
Respondent | State Of Uttarakhand & Ors. |
SCR | [2017] 5 S.C.R. 367 |
Judgement Date | 2017-04-19 |
Case Number | 694 |
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