✦ Supreme Court of India · 19 Apr 2017

BALAKRAM v. STATE OF UTTARAKHAND & Ors.

Criminal Appeal No. 694 of2017DIPAK MISRA, A M KHANWILKAR, MOHAN M SHANTANAGOUDAR21 min read

Case at a glance

Decided
19 Apr 2017
Bench
DIPAK MISRA, A M KHANWILKAR, MOHAN M SHANTANAGOUDAR

Outcome

Set aside

B Order is liable to be set aside and the same stands set aside

Provisions considered

Judgment

6.

Since in the matter on hand, neither the police officer has refreshed his memory with reference to entries in the police diary nor has the trial court used the entries in the diary for the A purposes of contradicting the police officer (PW-15), it is not open for the accused to produce certain pages of police diary obtained by him under the provisions of Right to Information Act for the purpose of contradicting the police officer. [Para 20] [377-G-H; 378-A] B c

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: B Order is liable to be set aside and the same stands set aside

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — ss. 172, 172(2), 172(3), 313, 482; Indian Evidence Act, 1872 — ss. 145, 155(3), 161; Indian Penal Code, 1860 — s. 145; Right to Information Act, 2005.

Which court decided this case, and when?

Supreme Court of India, on 19 Apr 2017. The bench was DIPAK MISRA, A M KHANWILKAR, MOHAN M SHANTANAGOUDAR.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

Another 1 relationship is under human verification and not counted above.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Later judgments that treat this case

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Supreme Court of India or eCourts case status (search case no. Criminal Appeal No. 694 of2017). ← Search more judgments