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Conviction for offence other than that charged.
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205.—(1) An accused charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave.
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(2) An accused charged before a court-martial with attempting to desert may be found guilty of being absent without leave.
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(3) An accused charged before a court-martial with any one of the offences mentioned in section 132 may be found guilty of any other offence mentioned in that section.
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(4) An accused charged before a court-martial with any one of the offences mentioned in section 133 may be found guilty of any other offence mentioned in that section.
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(5) An accused charged before a court-martial with stealing may be found guilty of embezzlement or fraudulently misapplying property.
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(6) An accused charged before a court-martial with embezzlement may be found guilty of stealing or fraudulently misapplying property.
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(7) An accused charged before a court-martial with any other offence against military law may, on failure of proof of an offence being committed under circumstances involving a higher degree of punishment, be found guilty of the same offence as being committed under circumstances involving a less degree of punishment.
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(8) Where an accused is charged before a court-martial with a civil offence and the charge is one upon which, if he had been tried by a civil court, he might have been found guilty of any other offence, the court-martial shall have power to find him guilty of that other offence.
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