'A' is accused of an act which may amount to theft or receiving stolen property or criminal breach of…

"Section 244 of the Bharatiya Nagarik Suraksha Sanhita, 2023" (formerly Section 221 of the Code of Criminal Procedure, 1973) applies where a single act or series of acts is of such a nature that it is doubtful which of several offences the facts that can be proved will constitute. Under Section 244(2) and Illustration (b) thereto, if the accused is charged with theft only and it appears in evidence that he committed criminal breach of trust or receiving stolen goods, he may be convicted of criminal breach of trust or of receiving stolen goods even though he was not charged with such offence.