Section 313 CrPC fairness requires confronting material documents before conviction; remand may follow for fresh consideration.

When material documents relied on for conviction are not put to the accused in his Section 313 CrPC statement, the resulting unfairness can prevent the conviction from being sustained. Because those documents formed the basis of reversal of acquittal, the accused had to be given an opportunity to explain them. The proper course was remand to the trial court for recording a supplementary Section 313 statement, permitting further evidence if necessary, and then passing a fresh decision after hearing both parties.

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Issues: Whether the conviction could be sustained when material documents were not put to the accused in his statement under Section 313 of the Code of Criminal Procedure, 1973, and whether the matter should be remanded for a supplementary statement and further proceedings.

Analysis: The material documents relied upon for conviction were not confronted to the accused when his statement under Section 313 was recorded. Since those documents formed the basis of the reversal of acquittal, fairness required that the accused be given an to explain them. The proper course was to remit the matter for recording a supplementary statement under Section 313 and to permit further evidence, if necessary, before a fresh decision by the trial court.

Conclusion: The conviction could not be sustained on that basis, and the matter was remanded to the trial court for recording a supplementary statement under Section 313 of the Code of Criminal Procedure, 1973 and for passing appropriate orders after hearing the parties.

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