State vs Deepak on 14 October, 2023
82. It is argued that there is no possibility of identifying
the accused by PW-1 and PW-2 as alleged incident had taken
place at 2.00 a.m. and the site plan Ex.PW14/B does not show
the existence of any light pole on the spot and no TIP of the
accused was conducted by the prosecution. The accused was
for the first time identified by the complainant/PW-2 and his
wife/PW-1 in the court. No effort was made by the IO for
conducting the TIP of the accused. Reliance is placed upon State
FIR No. 1149/2015 State Vs. Deepak Page No. 64 of 78
SC No. 58112/2016, PS Punjabi Bagh
of Madhya Pradesh v. Ghudan - 2003 (12) SCC 485 and
Bollavram Pedda Narsi Reddy v. State of A.P. - 1992 (2) SCR