Section 85, THE CRIMINAL PROCEDURE ACTS, 1965

If, on any trial for misdemeanour, the facts given in evidence amount to felony, the defendant shall not betherefore acquitted of such misdemeanour; and no person tried for such misdemeanour shall be liable afterwards to be prosecuted for felony on the same facts. EVIDENCE OF HUSBAND AND WIFE Evidence of person married otherwise than by Civil or Mohammedan Marriage.