New Delhi: A person can be convicted for an
offence even if he or she is not charged with that offence by
the prosecution, the Supreme Court has ruled.
A bench of justices B S Chauhan and Swatante Kumar said
if the charges framed against an accused is not established,
still he or she can be convicted for a lesser offence on the
basis of the available material.
In other words, if of a person kills another, he can be
charged with culpable homicide not amounting to murder(10
years) even if he is initially charged with murder under
Section 302 IPC which entails life imprisonment or death.
Similarly, if a person is charged with dacoity resulting
in the death of the victim, the convict can be sentenced to
life imprisonment even if the prosecution had failed to file
the chargesheet for murder, the bench said.
The apex court passed the ruling while dismissing the
plea of Rafiq Ahmed challenging his life imprisonment in a
dacoity case in which the victim was Jagdish Prasad was killed
for looting his valuables.