Additional chief judicial magistrate H S Khutwad refused to direct CBI to provide the documents as sought by the accused cops. Suspended IPS Singhal and DySP Tarun Barot claimed that they had a right under the Section 207 of the CrPC to have access to those documents. They have demanded copies of earlier statements given mainly by their colleagues and subordinates. They include their subordinates in D H Goswami, Nizamuddin Saiyed, C J Goswami and Moti Talja Desai.
Many of these witnesses had earlier given statements contrary to what they finally stated before the CBI. Their statements recorded by the high court-appointed SIT as well as by the then ACP Parikshita Rathod are at variance with the version given before the central probe agency. The accused cops claimed that the CBI chargesheet mentions that such statements were recorded, but copies of these statements have not been supplied with the chargesheet.
In majority of statements as recorded by the CBI, the witnesses said they did not speak the truth earlier because of fear but were revealing the truth now to save innocent people. This confession, however, has been recorded in a stereotyped manner.
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