- (1.) Heard learned counsel for the applicant and learned AGA for the State. This application under Section 482 Cr.P.C. is directed against the order dated 30.03.2011 passed by Additional District Judge, Court No. 14, Kanpur Nagar in Session Trial No. 292 of 2009 (State vs. Ashish Sahu and others), under Sections 302, 504 IPC, police station Chakeri, district Kanpur Nagar, whereby the application under Section 233 Cr.P.C. filed on behalf of accused-applicant for summoning the criminal history of the complainant and the deceased was rejected.
(2.) The case was fixed for defence evidence. An application was moved on the ground that the complainant and the deceased had numerous criminal cases pending against them and have many enemies and, therefore, their criminal history be summoned.
(3.) The said application was rejected by the trial court on the ground that the character of complainant and the deceased is not relevant for decision of a criminal case. Subsequently, the application was rejected and opportunity for defence was closed. The character or criminal history of a witness is very relevant for the purposes of challenging the credibility of the testimony of the complainant. Similarly, a criminal history of the deceased may be relied upon to show that the deceased had many enemies, therefore, it cannot be said that criminal history of complainant and deceased have nothing to do with a criminal case. The defence has right to bring such material on record, which may discredit the character or credibility of the complainant or the deceased. What weightage is to be given to such type of evidence is to be decided by the trial court at the end of the trial, but introduction of such evidence cannot be nipped in the bud.;