Mr X a group A central govt officer was trapped red handed by CBI on 22.6.06 in Tatanagar. There were 10 persons including one complainant ,two independent witnesses and 7 CBI officials in the raiding party.
Out of them , the complainant,,two independent witnesses and three of the CBI officials including the Investigating officer were made the Prosecution witness.
Now, out of the 7 CBI officials(all were ocular witnesses) ,only three were made Prosec witnesses .The statement U/S 161 in respect of even these 3 prosec witnesses were not recorded . It is apprehended that in the absence of their statements u/s 161, it would be impossible to controvert him in the court of law, which is the fundamental right of the accused.
Is there any ruling or judgement in this regard?
What is your take on in this matter?