106 Laws of Malaysia Act 593 (b) A states on oath before the committing Magistrate that he saw B hit C with a club. Before the High Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence although it cannot be proved which of these contradictory statements was false. When a person charged with one offence can be convicted of another 167. If in the case mentioned in section 166 the accused is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have committed although he was not charged with it. ILLUSTRATION A is charged with theft. criminal breach of trust, or convicted of criminal breach case may be) though he was It appears that he committed the offence of that of receiving stolen goods. He may be of trust, or of receiving stolen goods (as the not charged with such offence. Person charged with an offence can be convicted of the attempt 168. When the accused is charged with an offence he may be convicted of having attempted to commit that offence, although the attempt is not separately charged. When offence proved is included in offence charged 169. (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 the 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 reduce it to a minor offence, he may be convicted of the minor offence although he is not charged with it.