Prinsep, J.@mdashWe think that there roust be a new Trial in this case.
2. The three persons were charged, u/s 411 of the Indian Penal Code, with having dishonestly been in possession of certain articles claimed by the
complainant, as property stolen from his house. A dohur and pugree were found with the prisoner Roshun. The complainant and a friend identified
these as the property of the former; Roshun, on the other hand, stated that they were his, but that statement was unsupported by any evidence. The
Sessions Judge was quite correct in putting it to the jury, ""to say whether there is any reason to. believe that they (the complainant and his friend)
have made any mistake,"" but he was clearly wrong in adding, ""the fact that he (Roshun) has been twice imprisoned for theft is also not without its
weight, and should be taken by you into consideration when deciding as to the credibility of the evidence of identification."" Section 54 of the
Evidence Act, though it declares that ""the fact that the accused person has been previously convicted of an offence is relevant,""--also declares that
the fact that he has a bad character is irrelevant,"" except under certain circumstances, which do not exist in the present case. The evidence of the
prisoner''s previous convictions has been treated by the Sessions Judge as evidence of his character, which he has told the jury to consider in
determining the value of his claim to the property found in his possession. In this respect the Sessions Judge has clearly misdirected the jury,
because this evidence was irrelevant and inadmissible. He should have merely pointed out to the jury the conflicting claim to this property, and
called upon them to determine which they believed, at the same time reminding them that the prisoner was entitled to the benefit of any reasonable
doubt. We think that the prisoner Roshun has been prejudiced by this error, and that he ought to have a retrial. Except under very special
circumstances none of which arise here, the proper object of using convictions is to determine the amount of punishment to be awarded, should the
prisoner be convicted of the offence charged.