Question

"If an accused is charged of a major offence but is not found guilty thereunder, he can be convicted of minor offence, if the facts established indicate that such minor offence has been committed." It was so upheld in which case

• A. Sangarabonia Sreenu v. State of Andhra Pradesh
• B. State of Himachal Pradesh v. Tara Dutta
• C. Balwinder Singh v. State of Punjab
• D. Nalini v. State of Tamil Nadu

Hint:

The principle in Section 222 CrPC is an exception to the general rule that an accused can only be convicted of the offense with which they are charged. Remember the logic: if the charge for the major offense gives the accused notice of all the elements of the minor offense, there is no prejudice in convicting them for the lesser crime.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
This legal principle is enshrined in Section 222 of the Code of Criminal Procedure, 1973. It deals with the conviction of a minor offense when the accused is charged with a major offense. A "minor offense" means an offense entailing a lesser punishment.
Step 2: Detailed Explanation:
Section 222(1) states: "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, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it."
Section 222(2) states: "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."
The case of State of Himachal Pradesh v. Tara Dutta is a significant judgment where the Supreme Court discussed and applied this principle. The court affirmed that if the evidence on record establishes the commission of a minor offense, the accused can be convicted of it even if they were acquitted of the major offense with which they were originally charged. The key is that the accused should not be prejudiced by such a conviction, meaning they must have had a fair opportunity to defend against the elements that constitute the minor offense.