71. Form record and announcement of finding. -(1) The finding on every charge shall be recorded, and, except, as mentioned in these rules, shall be recorded simply as a finding of “guilty” or of “not guilty”.
(2) Where the court is of opinion as regards any charge that the facts proved do not disclose the offence charged or any offence of which he might under the Act be found guilty on the charge as laid, the court shall acquit the accused of that charge.
(3) If the court doubts as regards any charge whether the facts proved show the accused to be guilty or not of the offence charmed, or of any offence of which he might under the Act be found guilty on the charge as laid, it may, before recording a finding on that charge, refer to the confirming authority for an opinion setting out the facts which it finds to be proved, and may, if necessary, adjourn for that purpose.
(4) Where the court is of opinion as regards any charge that the facts which it find to be proved in evidence differ materially from the facts alleged in the statement of particulars in the charge, but are nevertheless sufficient to prove the offence stated in the charge. and that the difference is not so material as to have prejudiced the accused in his defence, it may, instead of a finding or “not guilty”, record a special finding.
(5) The special finding may find the accused guilty on a charge subject to the statement of exceptions or variations specified therein.
(6) Where there are alternative charges and the facts proved appears to the court not to constitute the offence mentioned in any of those alternative charges, the court shall record a finding of “not guilty” on that charge, but if the court thinks that the facts proved constitute one of the offences stated in two or more of the alternative charges, but doubts which of those offences the facts do at law constitute, then it may, before recording a finding on those charges, refer to the confirming authority for an opinion, setting out the facts which it finds to be proved, and stating that it doubts whether those facts constitute in law the offence in such one or another of the alternative charges and may, if necessary, adjourn for the purpose.
(7) The court shall not find the accused guilty on more than one of two or more charges laid in the alternative, given if conviction upon one charge necessarily connotes guilt upon the alternative charge or charges.
(8) In any case where the court is empowered by section 138 to find the accused guilty of an offence other than that charged, or guilty of committing an offence in circumstances involving a less degree of punishment or where it could after hearing the evidence have made a special finding of guilty subject to exceptions or variations in accordance with sub-rules (4) and (5), it may, if it is satisfied of the justice of such course, and if the concurrence of the convening officer is signified by the prosecutor, accept and record a plea of guilty of such other offence as having been committed, in circumstances involving such less degree of punishment, or of the offence charged subject to such exceptions or variations.
(9) The finding on each char-e shall be announced forthwith in open court as sub to confirmation.
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