Though the accused is not named in the FIR, but then his name cropped up during investigation of the case. The FIR is not an encyclopedia. Since, most of the times, the FIR is lodged in a hurry and its only purpose is to set the criminal machinery into motion and the minute details of the incidents are not given therein. The manner of crime or offence and details of the culprit can be found out only during the investigation. Further more the accused cannot take advantage of the fact that he is not named in the FIR. He can also not take up the plea that no test identification parade was arranged, so as to get him identified from the eye witnesses, as both the eye witnesses have stated that it was the accused who had damaged the windscreen of the bus, identifying him to be the same person in the court. There was no necessity of holding of any test identification parade. Furthermore, since the offence for which the accused had been booked, happened to be a bailable one and after being arrested he had been released on bail, the police could not get his custody , so as to make him participate in the test identification parade. The accused on his own part had not prayed for holding of any such test identification parade, as it comes out from the record. However, the eyewitnesses having seen the culprit at the spot, the image of the culprit must have got etched and imprinted on their minds and their identifying the Banita Chugh 2018.03.08 15:19 I am the author of this document
