The Hon’ble Supreme Court in the matter of Kirender Sarkar and Others Versus State of Assam, AIR 2009 SC 2513 analysed the possibility of conviction when the name of an accused is added at a belated stage in the following words:-
“ FIR is not substantive evidence and cannot be used for contradicting testimony of the eye witnesses except that may be used for the purpose of contradicting the maker of the report. Though the importance of naming the accused persons in the FIR cannot be ignored, but names of the accused persons have to be named at the earliest possible opportunity. The question is whether a person was impleaded by way of afterthought or not must be judged having regard to the entire factual scenario in each case.”
Based on the unimpeachable testimony of the eye witness the accused was convicted, in the present case.