A court trying a person charged with having committed an indictable offence under ¾

(a) section 6 (1) may, if the evidence does not establish that that person is guilty of that indictable offence but does establish that he is guilty of a simple offence under section 6 (2); or

(b) section 7 (1) may, if the evidence does not establish that that person is guilty of that indictable offence but does establish that he is guilty of a simple offence under section 7 (2),

convict him of having committed that simple offence and, whether that court is a summary court, the District Court or the Supreme Court, impose on him the penalty referred to in section 34 (1) (e).