CAP. 75 Criminal Procedure Code [Rev. 2012] is not guilty of murder, manslaughter or infanticide or an offence under section 158 or section 159 of the Penal Code (Cap. 63), but that he is guilty of the offence of killing an unborn child, he may be convicted of that offence although he was not charged with it. (3) When a person is charged with killing an unborn child and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under one of the sections 158 and 159 of the Penal Code, he may be convicted of that offence although he was not charged with it. (4) When a person is charged with the murder or infanticide of a child or with killing an unborn child and the court is of the opinion that he is not guilty of any of those offences, and if it appears in evidence that the child had recently been born and that the person did, by some secret disposition of the dead body of the child, endeavour to conceal the birth of that child, he may be convicted of the offence of endeavouring to conceal the birth of that child although he was not charged with it. 182. Charge of manslaughter in connexion with driving of motor vehicle When a person is charged with manslaughter in connexion with the driving of a motor vehicle by him 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 46 of the Traffic Act (Cap. 403), he may be convicted of that offence although he was not charged with it. [Act No. 29 of 1967, First Sch.] 183. Charge of administering oaths Where a person is charged with an offence under paragraph (a) of section 61 of the Penal Code (Cap. 63), and the court is of the opinion that he is not guilty of that offence but is guilty of another offence under the same paragraph, he may be convicted of that other offence although he was not charged with it. [Act No. 57 of 1955, s. 5, Act No. 19 of 1964, s. 2, L.N. 761/1963.] 184. Charge of rape Where a person is charged with rape and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under one of the sections of the Sexual Offences Act, he may be convicted of that offence although he was not charged with it. [Act No. 3 of 2006, Second Sch., s. 3(2).] 185. Repealed by Act No. 3 of 2006, Second Sch. (b) With offences under the Sexual Offences Act; [Act No. 3 of 2006, Second Sch., s. 3(3).] 186. Charge of defilement of a girl under 14 years of age When a person is charged with the defilement of a girl under the age of fourteen years and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under the Sexual Offences Act, he may be convicted of that offence although he was not charged with it. [Act No. 15 of 1961, Sch., Act No. 10 of 1969, Sch., Act No. 3 of 2006, Second Sch., s. 3(4).] [Issue 1] C44 - 70