[Rev. 2012] Criminal Procedure Code CAP. 75 187. Charge of Burglary, etc. When a person is charged with an offence mentioned in Chapter XXIX of the Penal Code (Cap. 63) and the court is of the opinion that he is not guilty of that offence but that he is guilty of another offence mentioned in that Chapter, he may be convicted of that other offence although he was not charged with it. 188. Charge of stealing When a person is charged with stealing anything and— (a) the facts proved amount to an offence under section 322 or section 323 of the Penal Code (Cap. 63), he may be convicted of that offence although he was not charged with it; (b) it is proved that he obtained the thing in a manner as would amount, under the provisions of the Penal Code or of any other law for the time being in force, to obtaining it by false pretences with intent to defraud, he may be convicted of the offence of obtaining it by false pretences although he was not charged with it. [Act No. 22 of 1959, s. 20.] 189. Charge of obtaining by false pretences When a person is charged with obtaining anything capable of being stolen by false pretences with intent to defraud and it is proved that he stole the thing, he may be convicted of the offence of stealing although he was not charged with it. 190. Charge of stock theft under the Penal Code When a person is charged with the offence of stock theft under the Penal Code (Cap. 63) and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under section 9 of the Stock and Produce Theft Act (Cap. 355), he may be convicted of that offence although he was not charged with it. [Act No. 13 of 1967, First Sch.] 191. Construction of sections 179 to 190 The provisions of sections 179 to 190, both inclusive, shall be construed as in addition to, and not in derogation of, the provisions of any other Act and the other provisions of this Code, and the provisions of sections 180 to 190, both inclusive, shall be construed as being without prejudice to the generality of the provisions of section 179. MISCELLANEOUS PROVISIONS 192. Person charged with misdemeanour not to be acquitted if felony proved, unless court so directs If on a trial for a misdemeanour the facts proved in evidence amount to a felony, the accused shall not be therefore acquitted of the misdemeanour; and no person tried for the misdemeanour shall be liable afterwards to be prosecuted for a felony on the same facts, unless the court thinks fit to direct that person to be prosecuted for felony, whereupon he may be dealt with as if not previously put on trial for misdemeanour. C44 - 71 [Issue 1]