0
In Balakram vs.State of Uttarakhand and others (CRIMINAL APPEAL NO 694 OF 2017), the
honourable Supreme Court of India reiterated that the accused in a criminal trial cannot claim unfettered right to inspect the case diary. On the other hand the Court can, to contradict the police officer or the Police officer can, to refresh his memory during examination, use the Case Diary.  
In this regard it is useful to peruse the particular sections related to use of Case Diary in Court. Section 172(2) of Criminal Procedure Code permits a criminal court to send for the Case Diary to use it to aid the inquiry or trial, and not as evidence in the case. As per 172(3) it is made clear that the accused or his agents shall not be entitled to call for such diaries, or entitled to see them merely because they are referred to by the Court. It is further clarified in S.172(3) that the accused may use it for contradiction if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer. In such cases the provisions of section 161 or section 145 of the Indian Evidence Act, 1872 will apply. Section 161 permits cross examination on the basis of written record used to refresh memory(in this case, the Case Diary) and Section 145 also refers to cross-examination on basis of written record by bringing the attention of the Police Officer to the same record. Thus it can be seen that the accused has no absolute right to call for Case Diary and the question of any examination based on the same arises only when it is used in Court as mentioned in Section 172(3) (supra) during trial of the case.
In conclusion, it can be said that the chances of causing serious prejudice to others and potential harm to the safety of people who have given statements to the police is the reason whith prevents the accused the absolute right to call for Case Diary.(Siddharth vs.State of Bihar,  in CRIMINAL APPEAL NOS. 689 OF 2003 AND 736 OF 2003-judgement rendered in 2005.)

Next
This is the most recent post.
Previous
Older Post

Post a Comment

Do not use abusive language

 
Top