Section 173

If in the case mentioned in section 172 the accused is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged under that section, he may be convicted of the offence which he is shown to have committed although he was not charged with it.[172Illustration A is charged with theft. It appears that he committed the offence of criminal breach of trust or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods, as the case may be, though he was not charged with that offence.