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'A' is accused of an act which may amount to theft or receiving stolen property or criminal breach of trust. 'A' is only charged with 'theft'. It appe
Question

'A' is accused of an act which may amount to theft or receiving stolen property or criminal breach of trust. 'A' is only charged with 'theft'. It appears that he committed the offence of criminal breach of trust.

A.

He may be convicted of criminal breach of trust, though he was not charged with such offence.

B.

He may not be convicted of criminal breach of trust because he was not charged with such offence.

C.

He may neither be convicted of theft nor of criminal breach of trust.

D.

He may only be convicted of theft because he was charged with theft.

Correct option is A


Under the Indian Penal Code (IPC), if the facts and circumstances of the case suggest that the offence committed was different from the one charged, the court can convict the accused of that different offence if it is closely connected. In this case, 'A' was charged with theft, but the facts reveal that he may have committed criminal breach of trust. As per Section 221 of the Code of Criminal Procedure (CrPC), the court can convict a person of an offence which is not charged if the evidence clearly points towards such an offence. Therefore, 'A' may be convicted of criminal breach of trust, though he was only charged with theft.
Information Booster: Section 221 of CrPC allows the court to convict an accused of an offence other than the one charged, provided that the evidence supports such a conviction. This ensures that an accused cannot escape liability simply because the charge was incorrect if the actual offence is closely related to the charge brought.
Additional Knowledge:
· (b) Incorrect: The law allows conviction for criminal breach of trust even if it was not the charge, provided the evidence indicates so.
· (c) Incorrect: The court can convict the accused of criminal breach of trust, as explained under Section 221 of CrPC.
· (d) Incorrect: The court is not restricted to convicting 'A' for theft only because that was the charge. The court may convict him of any offence proved by the facts.

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