Law: Criminal Procedure Code (V of 1898)

Section: 342,539-B,556

Law: Pakistan Penal Code, 1860

Section: 448,468,471

Criminal Procedure Code (V of 1898 )--- ----S. 539-B---Local inspection of place of occurrence---Object and scope---Application for local inspection---Scope---Jurisdiction of Trial Court---Scope-Trial Court dismissed application, moved before initiation of trial, for the local inspection of the place of occurrence to ascertain as to whether the offence took place or not---Applicant contended that the Trial Court was duty-bound to conduct a local inspection before initiating the trial---Validity--Applicant could not point out reasons for such local inspection, even he could not explain as to how he would be jeopardized if such inspection was not carried out---Witnesses had yet not been examined---Trial Court was empowered to carry out 'local inspection' if the same was necessary for the fair adjudication of the trial---Section S. 539-B, Cr.P.C. stipulated that a judge or magistrate could conduct a local inspection of a place of occurrence or any other place---Such powers could be invoked during the course of enquiry, trial or other proceedings, for the purpose of proper appreciation of evidence given in the case and that too , if necessary, to be done by the judge or magistrate with utmost care and caution---Purpose of local inspection was to appreciate the evidence properly, therefore, it would be appropriate to do so at the end of the trial---Trial Judge was not to make local inspection and do anything which would reduce him to the position of a witness---Local inspection was not a rule in every case---Local inspection could not take place of evidence or proof but was really meant for appreciating the position at the spot---Section 539-B, Cr.P.C. contemplated that the local inspection was limited to the inspection of the topography of the place where the offence was committed or its local peculiarities for the purpose of properly appreciating the evidence which was already on record---Court could not import new material collected or observed by it during local inspection---Option of local inspection was not a mandatory rule and it was left at the discretion of Court---Trial Court could not delegate power to undertake local inspection to person subordinate to…

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