Question

In which of the following cases the Supreme Court has held that the investigating officer should be allowed to refer to the records of investigation

• A. State of Karnataka Vs Yarappa Reddi
• B. Mohammed Khalid Vs State of West Bengal
• C. Baburam Vs State of U.P.
• D. State of Rajasthan Vs Om prakash

Hint:

While an accused cannot demand to see the police case diary, the investigating officer who wrote it can use it in the witness box to refresh their memory about the investigation. This principle was clarified in {State of Karnataka v. Yarappa Reddi}.

Answer 1

The Correct Option is A

This question relates to the use of police diaries and case records by an investigating officer (IO) while giving evidence in court. Section 172(3) of the CrPC states that neither the accused nor their agents are entitled to call for such diaries. However, Section 159 of the Indian Evidence Act allows a witness to refresh their memory by referring to any writing made by themselves at the time of the transaction. In the case of State of Karnataka v. Yarappa Reddi, the Supreme Court reconciled these provisions and held that an investigating officer has the right to refer to their case diary and other records of investigation to refresh their memory while deposing in court.