AIR 2017 SUPREME COURT 2375 ::AIR 2017 SC (Criminal) 802

Supreme Court Of India

(From : Uttarakhand)*

Hon'ble Judge(s): Dipak Misra, A. M. Khanwilkar, Mohan M. Shantanagoudar , JJJ

Criminal P.C. (2 of 1974) , S.172— Police diary - Right to inspect - Denial of, to accused, not arbitrary - Permitting accused to produce certain pages of police diary during cross-examination of Investigating Officer - Unjustified. Evidence Act (1 of 1872) , S.145, S.161— Misc. Appln. No. 1123 of 2016, D/- 31-8-2016 (Utr.), Reversed. 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 such entries to contradict police officer or when police officer uses it for refreshing his memory and that again is subject to provisions of Sections 145 and 161 of Indian Evidence Act. Thus, a witness may be cross-examined as to his previous statements made by him as contemplated under Section 145 of Evidence Act if such previous statements are brought on record, in accordance with law, before Court and if contingencies as contemplated under Section 172(3) of Cr.P.C. are fulfilled. Section 145 of Indian Evidence Act does not either extend or control provisions of Section 172 of Cr.P.C.(Para 14) Police diary is only a record of day to day investigation made by Investigating Officer. Neither accused nor his agent is entitled to call for such case diary and also are not entitled to see them during course of i....