A person can be convicted of a minor offense even if the charge was not framed for that offense, provided that the ingredients of the minor offense are analogous to the ingredients of the major offense for which the charge was framed.

JUGDMENT - B.U WAHANE, J. :---By this appeal, the appellant/accused has challenged the finding of conviction under section 124 of the Bombay Police Act, recorded by the Additional Sessions Judge, Amravati, vide judgment and order dated 31-5-1990, sentencing the accused to suffer S.I. for three months and to pay a fine of Rs. 100/- in default to suffer S.I. for one month. Since Shri Daga, the learned Counsel for the appellant/accused, challenged the vires of the provisions of Bombay Police Act along with the conviction, this appeal has been placed before the Division Bench. However, the learned Counsel for the appellant restricted his arguments only in respect of the conviction, on two grounds. (1) No charge was framed under section 124 of the Bombay Police Act. The accused/appellant was tried for the offence punishable under section 413 of the Indian Penal Code i.e. habitually dealing in stolen property, and under section 63 of the Copy Right Act. As the appellant was acquitted of both the charges, the learned trial Court ought not to have convicted him under the special statute. Thus, the conviction is bad in law. (2) Considering the period of more than 11 years to ripe the case, leniency be shown to the appellant/accused and he may be released on fine only, either maintaining the same or enhancing the amount.

2. The facts in nutshell to institute the prosecution case against the appellant/accused are that in the year 1981, the Cinema Film Distributors of Amravati gave a report to Police Station Officer, City Kotwali, to the effect that some unauthorised persons were dealing in distribution of film without having necessary licence or right of distribution. It was also reported that such films were procured by unauthorised dealers either by stealing the films reels from godown of the authorised cine distributors by bringing them from other areas. Thereby they complained that their business was hampered due to illegal distribution made by some persons. Shri Shukla, Police Officer, searched the room where the accused used to stock cinema reels and other material connected with the business of distribution and in that search, he recovered film reels of cinema movie titled as "Kurbani". Similarly, various other films reels, about 409 in number, film boxes, empty tin canisters, etc., were seized under the panchnama. The seizure was effected by P.S.I. Shukla under the belief or impression that those other reels are also stolen property. On the very day, P.S.O. Kotwali Police Station, Amravati, along with P.S.I. Shri Gaikwad and panches, visited the residential house of the accused situated in Machhisath locality of Amravati. Father of the accused was present, who was original accused No. 2. In the search, Police seized several film reels, film cans and cinema posters valued at about Rs. 7,21,475/- and the accused was arrested as it was suspected that the articles were stolen and the accused was indulging in the business of stolen film reels.

3. Shri Daga, the learned Counsel for the appellant/accused, submitted that as the charge was not framed under section 124 of the Bombay Police Act and it being the special enactment, without framing the charge, no conviction can, be awarded. However, it has not been pointed out that there is a bar under the Criminal Procedure Code or in any special enactment that conviction cannot be awarded without framing the charge even if it is a minor offence, considering the ingredients of the major offence of which the charge was framed against the accused.

4. Section 222 Cr. P.C. reads as under:

"(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.

(2) When a person is charged with an offence and facts are proved which reduced it to a minor offence, he

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