The accused cannot ask the police officer to use the diary to refresh his memory, as he is not authorized to do so. However, the staff member`s non-cooperation would mean that he had failed in his duty as a witness and refused to give the information he possessed. This benefits the accused, since the official refuses to reveal the source of the information by not referring to the newspaper. Case diaries must be written immediately in the prescribed form, numbered and sent immediately. The diary must be written from day to day. It is not necessary to write a case diary if no investigation took place on a given day, but the discrepancy should be explained on the next CD. Article 172 governs the availability of the case log. In this context, Article 172(1) provides that any police officer conducting an investigation under this Chapter shall record his investigations in a daily record of the investigation. Cr.P.C. forbids not believing the statements of the defense simply because they are not mentioned anywhere in the case diary, as this leads the prosecution to use the case diary to strengthen its argument and imply that the defense side was false.
The Court must choose not to draw the diary`s conclusion of the case. That is not proof. 4. The case diary must contain all the details of the examination in its body, such as a rough sketch with index, testimony, description of the crisis, etc. A summary of the list of seized items with a record of the circumstances in which they were seized should be recorded in the case diary. An accused does not have the right to access statements recorded in a case diary. However, Article 172 does not prohibit defence counsel from relying on it. It is at the discretion of the court to determine whether it considers that access to defence counsel is necessary for the prosecution of justice. If the prosecution and defence are inadequate, CD will enable the court to seize the opportunity and discover for itself the essential facts and circumstances of the case diary that can be brought to light by the witness being questioned in the case in order to arrive at the truth in the interests of justice. (AIR 1970 Assam 137, p.142). This is a case in which 35 to 36 people have been appointed.
Then the case went to the Supreme Court and the Supreme Court. For this reason, there are a number of thick files and somewhere in those files we have the original case diary. Because of their extraordinarily pronounced distinctiveness, police dogs can follow the path of an aggressor and ultimately follow the path to the aggressor. It is very necessary that the services of dogs are requested and brought to the place of appearance in the shortest possible time, before the smell disappears completely. If an investigator finds footprints or handprints left by an offender, they must immediately send a request by the quickest possible means (including a telephone X-ray) to the school principal, Police Training College, to send a police dog to the crime scene. The request specifies the fastest route. The result of the work performed by the dog is duly recorded in the case diary. The said judicial officer sends a brief note to the competent police chief in cases where there is a failure in the process and the reasons for this omission. The diary of the case and the statement of the accused must be submitted together with the pre-trial detention to justify the reasons for the pre-trial detention before the judges grant pre-trial detention to the police, unless they are satisfied that there are good reasons for doing so.
It appears from the case register that such custody is necessary for the identification of a person or for the discovery or identification of property or for a special reason. The reasons for pre-trial detention must be explicitly stated in the application supported by the case diary entries. The Court of First Instance also has the power to request the case log, not as evidence, but only for the purpose of questioning the official about details such as the date and time of the investigation he or she conducted. In addition, only the police and the judge of the court of first instance can use the help of the case diary. The accused is only allowed if the police officer uses the entrance to refresh his memory. 9. The case log must be properly paginated, a brief note of the case must be included in the file containing the case reference, the name of the complainant, the date and time of the facts, the name of the designated FIR defendant, the name of the IO, the details of the seizure, the name of the arrested defendant with the date, etc. Every police officer conducting an investigation under this chapter shall record his proceedings daily in an investigation log, indicating the date on which the information reached him, the date on which he began and concluded his investigation, the place or places visited by MM and an explanation of the circumstances established by his investigation. If the said case logs do not contain complete special evidence, they shall request the appropriate officer of the relevant police station/investigator to attach the list of seizures, medical and legal opinions (if necessary), the list of prosecution witnesses and other relevant documents necessary for the prosecution of the cases. The case of Emperor vs. Mannu deals with the meaning, purpose and use of a case log by trial courts. Article 172 of the 1973 Code of Criminal Procedure governs business newspapers.
A case diary is a diary kept by police officers during the investigation of a case, containing details of how the investigation was conducted and other details such as when the investigation began, the locations visited as part of the investigation, etc. They are inadmissible as evidence, but may be used to assist the Court during the investigation or trial. The main purpose of these diaries is to help the investigator refresh his or her memory while he or she is being presented as a witness for a trial. The diary of the case is drawn up in accordance with § 172 of the Criminal Code. It is written from time to time and step by step according to the GDE of the PS. It is treated as a mirror that reflects the progress of the investigation. It allows the Court of Justice to rule conclusively on the merits of the case and senior officials to direct and supervise the investigation. A case diary should include all relevant documents, namely. summary sketch sheet with index, input list, arrest and inspection note, transmittal notes to the Supreme Court, etc. The court of first instance may use it as legal aid during the trial.
The manner in which an item is seized, packaged, labelled, sealed and shipped must be fully recorded in the case log. Remember that each step must be proven in court to establish the identity and authenticity of the piece and sample. The chain of custody of the parts must be proven beyond doubt in court. Case log entries should be prompt, sufficiently detailed, in careful chronological order, and objectively. (1983 Cr.LJ.
