Section 313 CrPC statements are not independent evidence; third-party affidavits were rightly refused after that stage.

After an accused's statement under Section 313 CrPC is recorded, third-party affidavits cannot ordinarily be brought on record as rebuttal material because a Section 313 statement is not independent evidence. The normal trial sequence remains complainant evidence, cross-examination, then defence evidence or explanation under Section 313. The Gujarat High Court found that reliance on a Section 311 ruling was misplaced because that request arose before the Section 313 stage. The refusal to receive the affidavits was therefore upheld, and interference under Article 227 was declined.

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Issues: Whether the petition under Article 227 could succeed against the concurrent orders refusing to permit affidavits of third parties to be brought on record after the accused had been examined under Section 313 of the Code of Criminal Procedure.

Analysis: The application was moved after the accused's statement under Section 313 had been recorded. The stated defence was that the accused and his family were kidnapped and that the agreement to sell and cheque were obtained or taken forcibly. The Court held that, in the normal course of a criminal trial, the complainant leads evidence, the accused cross-examines witnesses, and thereafter the accused may lead defence evidence or explain incriminating circumstances under Section 313. A statement under Section 313 is not independent evidence, and there is no question of treating it as material requiring rebuttal by third-party affidavits. The reliance on the decision dealing with Section 311 was found inapplicable because that case arose on different facts, where the request for additional evidence was made before the Section 313 stage.

Conclusion: The refusal to receive the affidavits was upheld and interference under Article 227 was declined.

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