Conviction for Lesser Offence--Section 222 CrPC Permits Conviction For Minor Offence Only When Two Offences Are Cognate; Murder And Abduction To Murder Do Not Qualify-- Conviction For Unframed Charge Without Common Elements Impermissible
Sections 302 and 364 of the IPC are separate and distinct offences and do not qualify as cognate offences under the CrPC. Conviction for a lesser offence under Section 222 CrPC is permissible only when the two offences are cognate, sharing common main ingredients, such that the lesser offence is subsumed within the charge actually framed. Where the ingredients of the offences are entirely different, conviction for an unframed charge causes serious prejudice and violates the right of the accused to a fair trial.
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