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If, upon the trial of any indictment for rape or any offence under section 3(1) of this Act, the jury are satisfied that the accused is guilty of an offence under section 2, 3 or 4(1) of this Act, or of an indecent assault, but are not satisfied that the accused is guilty of the charge in such indictment, or of an attempt to commit the same, then and in every such case the jury may acquit the accused of such charge, and find him guilty of such offence as aforesaid, or of an indecent assault, and thereupon the accused shall be liable to be punished in the same manner as if he had been convicted upon an indictment for such offence as aforesaid, or for indecent assault.
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