TNAG-0198-FCO40-234-Prevention-of-bribery-bill-1969 — Page 161

0003230

G.F. 323

Alternative

convictions,

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28

31. (1) If on the trial of any person for any offence

under

and amending Part II, if it is not proved that the accused is guilty of the particulars.

offence charge but it is proved that the accused is guilty of some other offence under Part II, or of attempting or being a party to

such other offence, the accused shall notwithstanding the absence

of consent under section 30 in respect of such other offence or

of attempting or being a party to such other offence, be convicted

of such other offence or of attempting or being a party to such

other offence, and be liable to be punished accordingly.

(2) If on the trial of any person for any offence under Part II

there is any material variance between the particulars of the offence

charged and the evidence adduced in support thereof, such variance

shall not, of itself, entitle the accused to an acquittal of the

offence charged if, in the opinion of the court, there is prima

facie evidence of the commission of that offence, and in such a

case the court shall, notwithstanding the absence of consent under

section 30 in respect of the particulers supported by the evidence

adduced, make the necessary amendment to the particulars, and shall

read and explain the same to the accused, and the parties shall be

allowed to recall and examine on matters relevant to such amendment

any witness who may have been examined and to call any further witness:

Provided that if the amendment is made after the case for the

prosecution is closed no further witness may be called by the

prosecution other than such and on such matters only as it would,

notwithstanding the provisions of this subsection, be permissible

to call and put in evidence in rebuttal.

CONFIDENTIAL