( 1 ) THE appeal is directed against the judgment in C. C. No. l 1 of 1997 on the file of XXIII Metropolitan Magistrate, hyderabad dated 24. 8. 1999 whereunder the accused were acquitted for the offences under Section 12 of the Passport Act and section 120b read with Section 420 of the indian Penal Code.

( 2 ) THE brief facts that are necessary for the disposal of the present appeal may be stated as follows:

( 3 ) IT is alleged by the prosecution that accused 1 and 2 entered into a criminal conspiracy in the year 1992 and obtained three passports bearing Nos. M-729715, p252087 and M621674 in the name of A-2 from the Office of the Regional Passport officer, Hyderabad by suppressing the fact of issuance of previous passport and by furnishing false information, documents, certificates and dishonestly induced the competent authority and that Accused No. l produced the above passports before the u. S. Consulate at Madras for obtaining Visa to go to the U. S. A. and accordingly he attended the said office on 22. 7. 1993 and on 4. 8. 1993. In the month of October, 1993 p. W. I received a letter dated 19. 10. 1993 from the Office of the Consulate General of u. S. A. , Madras