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If, in the trial of an indictment for rape or an offence under section 5(1) of this Act, the jury—
(a)are not satisfied that the accused is guilty of the charge or of an attempt to commit the charge; but
(b)are satisfied that the accused is guilty of an offence under section 5(2) or (3) or 7(2) or (3) of this Act, or of an indecent assault,
the jury may acquit the accused of the charge mentioned in paragraph (a) above, and find him guilty of such offence as is mentioned in paragraph (b) or of an indecent assault, and the accused shall be liable to be punished in the same manner as if he had been convicted upon an indictment for such offence or for indecent assault.
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