1. Pursuant to a complaint made by Mst. Kaushiya Rani, Gopal Singh was committed to the court of Session to stand his trial under Section 493 or in trie alternative Section 495, Indian Penal Code, but he was acquitted by the learned Additional Sessions Judge on 31st December 1959. By means of a petition dated 22nd April 1960 the complainant moved this Court under Section 417(3) of the Criminal Procedure Code for leave to appeal against the order of acquittal. A note was appended in that petition to the following effect :

"That the time in filing the present petition might be excluded in view of the fact that the District Magistrate, Gurdaspur, had moved the Advocate-General for filing the appeal under Section 417, Criminal Procedure Code, which if filed would have obviated the necessity of filing this petition. But the State declined to file appeal and the intimation to this effect was received on 1st April 1960. The original letter is attached herewith; from this date it is within time".

A Division Bench consisting of S. B. Capoor and D. K. Mahajan JJ. made an order on 9th June 1960 for summoning the records. On 1st September 1960 the appeal was admitted by them to a heari