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Sunil, a storekeeper in Ludhiana, is charged only with theft of goods from his employer's godown. The…

Section 244(2) provides that where an accused is charged with one offence and the evidence shows he committed another for which he might have been charged under section…

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Sunil, a storekeeper in Ludhiana, is charged only with theft of goods from his employer's godown. The evidence shows that the goods had been entrusted to him and that he dishonestly misappropriated them, which amounts to criminal breach of trust. Under section 244(2) of the BNSS, what may the Court do?

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Correct answer A

Section 244(2) provides that where an accused is charged with one offence and the evidence shows he committed another for which he might have been charged under section 244(1), "he may be convicted of the offence which he is shown to have committed, although he was not charged with it". Illustration (b) to section 244 uses the same theft and criminal breach of trust example, so acquittal, retrial or re-investigation is not needed.

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