Conviction for Abetment on a Charge for Substantive Offence Only
By
S. Madhusudan Rao
A trial Court may charge an accused for the main offence and may convict him ultimately for abetment provided the case comes within the purview of Ss. 236 and 237, Criminal P. C. So also an appellate or revisional Court may alter a conviction for the principal offence to one for abetment by invoking the provisions contained in Ss. 236 and 237 of the Criminal P. C.
Under S. 236, Criminal P. C, if a single act or series of acts should appear to the Court to be constituting more than one offence, the accused may be charged with any one of those offences and under S. 237, Criminal P. C. he may be convicted of any of the other offences for which a charge could have been framed under S. 236, Criminal P. C. If the evidence is clear and believable and shows definitely that the accused has committed either the principal offence or abetted its commission, the accused can be charged for the substantive offence only and can well be convicted of abetment ultimately though not specificall ....