Judgment

SINHA, C.J.I. : In this appeal, on a certificate of fitness granted by the Punjab High Court, the only question for determination is whether the provisions of S. 5 of the Limitation Act (IX of 1908) apply to an application for special leave to appeal, from an order of acquittal, under sub-s. (3) of S. 417 of the Code of Criminal Procedure (to be hereinafter referred to as the Code.) The certificate was granted by the High Court "because there is a considerable conflict of opinion in the various High Courts"

2. In this case we are not concerned with the factual aspect of the controversy between the parties. It is not, therefore, necessary to set out in any detail the facts of that controversy. It is enough to state that the respondent was committed to the Court of Sessions to stand his trail under S. 493, or in the alternative under S. 495, of the Indian Penal code, on the charge that he had, by deceit, caused the appellant who was not lawfully married to him to believe that she was so married, and in that belief had sexual intercourse with her. In the alternative, it was alleged that he married the appellant after concealing the fact that he was already married.

3. The prose