In a theft case, the hundial was not seized.The prosecution case is that the accused open the hundi using duplicate keys and a case was registered u/s.380, 457 of IPC. Whether a local inspection can be asked u/s.310 of crpc to find out whether the diplucate keys seized from the accused can be used to open the hundi? our contention is that the keys seized from accused does not fit for the hundi? Is there any relevant case laws? Please reply
The Court should not, otherwise the judge itself will become a witness. under certain cicumstances the court can make local inpection but that itself will not take the place of evidence or proof, but simply for appreciating the position at the spot and not as evidence.
The court may order to inspect the key through technical person for the fair inspection both side advocates may be appointed as observer. It may be taken placed without any delay being a innocent person future is on stake