to subsection (3)__
(m) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately
charged with, and convicted of, offences under sections 323, 392 and 394 of the Pakistan Penal
Code.
236. Where it is doubtful what offence has been committed. If a single act or series of acts is of such
a nature that it is doubtful which of several offences the facts which can be proved will constitute, the
accused may be charged with having committed all or any of such offences, and any number of such charges
may be tried at once; or he may be charged in the alternative with having committed some one of the said
offences.
Illustrations
(a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal
breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal
breach of trust and cheating, or he may be charged with having committed theft, or receiving
stolen property, or criminal breach of trust or cheating.
(b) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court
A states on oath that B never hit C. A may be charged in the alternative and convicted of
intentionally giving false evidence, although it cannot be proved which of these contradictory
statements was false.
237. When a person is charged with one offence, he can be convicted of another.(1) If, in the case
mentioned in section 236, the accused is charged with one offence, and it appears in evidence that he
committed a different offence for which he might have been charged under the provisions of that section, he
may be convicted of the offence which he is shown to have committed, although he was not charged with it.
1* * * * * *
Illustration
A is charged with theft. It appears that he committed the offence of criminal breach of trust, or that of
receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the
case may be) though he was not charged with such offence.
238. When offence proved included in offence charged.(1) When a person is charged with an offence
consisting of several particulars, a combination of some only of which constitutes, a complete minor
offence, and such combination is proved, that the remaining particulars are not proved, he may be convicted
of the minor offence, though he was not charged with it.
(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence,
he may be convicted of the minor offence, although he is not charged with it.
1 Subsection (2) rep. by the Code of Criminal Procedure (Amendment) Act, 1923 (18 of 1923), s. 63.
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