Whether accused can be convicted for an offence for which he was not charged
In the Instant case the accused was charged under S. 376/511 IPC and was convicted for the same by the trial court which was upheld by the High Court. But the Supreme Court after detailed examination of S. 375 and related case law came to the conclusion that since penetration was not there the case did not fall under S. 376/511 but under S. 366/354 IPC. Since the charges were not under S. 366/254 the court took refuge of S. 222 Cr. PC and held that the accused charged with minor offence are present.
[Tarkeshwar Sahu v. State of
