BALAKRAM v. STATE OF UTTARAKHAND & Ors.
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
- 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
Judgment
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
- Relied on2024_2_776_811