Court says local inspection under Section 310 CrPC is permissible at appellate stage, limited to understanding topography, distances and visibility in POCSO murder case.
The Bombay High Court has decided to conduct a local inspection of the scene of offence in a death penalty confirmation reference and connected criminal appeals arising out of a POCSO case, saying that such an exercise is permissible under Section 310 of the Code of Criminal Procedure, 1973, when it is necessary to properly appreciate the evidence on record.
A Division Bench of Justice Bharati Dangre and Justice Ashish S. Chavan made the observation while hearing the State’s confirmation reference seeking approval of the death sentence imposed on three accused persons, one of whom has since died, by the Special Court at Ahmednagar. The Court is also hearing appeals filed by the surviving convicts, who too have been awarded the death penalty.
The Bench noted that the prosecution and defence versions turned heavily on the exact location of the incident, the relative distances between different spots, and the visibility from places where certain witnesses were allegedly present. The judges said they needed a clear understanding of the topography of the area, including where the victim’s cycle and clothes were found, and the position from which witness testimony had been given, before they could properly assess the evidence.
Referring to Section 310 CrPC, the Court said the provision allows a judge to visit and inspect any place where an offence is alleged to have been committed, or any other place necessary to view for properly appreciating the evidence already recorded during trial. The Bench clarified that such inspection is not meant to collect fresh evidence, but only to aid judicial understanding of the material already on record.
The Court relied on several precedents, including Kushal Rao v. State of Bombay, State of Uttar Pradesh v. Het Ram, State of M.P. v. Mast Ram, and the Madras High Court’s decision in State v. Santhoshkumar, to hold that appellate courts can exercise this power even in death reference matters.
Since the counsel for both the prosecution and the accused raised no objection, the High Court fixed October 2, 2026, at 11 a.m. for the local inspection. It also held that no separate notice to the accused persons was necessary, though their counsel may remain present during the visit. The Court further permitted the counsel for the victim to attend and directed the prosecution to ensure the presence of the Investigating Officer and the Deputy Superintendent of Land Records, Karjat.
The Bench added that after the inspection, both sides would be entitled to make submissions based on the memorandum prepared from the visit, but only for the limited purpose of assisting the Court in appreciating the evidence already led at trial.
Bottom Line :
Criminal Procedure Code, 1973 Section 310 In death sentence confirmation reference and connected criminal appeals, Appellate Court can conduct local inspection of spot of incident and surrounding area for properly appreciating evidence already recorded at trial - Such inspection is permissible even at appellate stage and is limited to understanding topography, relative distances, visibility and surrounding circumstances; it cannot be used as substantive evidence independent of record.
Statutory provision(s): Section 310, Code of Criminal Procedure, 1973, Section 366, Code of Criminal Procedure, 1973
State of Maharashtra v. Jitendra @ Pappu Babulal Shinde, (Bombay)(DB) : Law Finder Doc id # 2987083
