Justice Rajiv Sharma, Judge. This appeal is directed against the judgment of the learned Chief Judicial Magistrate, Sirmaur District at Nahan in criminal case No. 20/2 of 2002/03 dated 14.9.2005, whereby the accused, who were charged with and tried for offences punishable under sections 420 and 120-B of the Indian Penal Code, have been acquitted.

2. Case of the prosecution, in a nutshell, is that a written complaint was given by Abdul Latif to the Superintendent of Police, Sirmaur District at Nahan on 16.2.2002 to the effect that some of the Mohammedans of Nahan town decided to pay visit to Huz Mukka. They contacted the travel agent, accused Nawab Khan. It was decided that a sum of ! 59,000/- was to be paid by each Haji to the accused Nawab Khan. Thereafter, accused Nawab Khan was required to prepare the passport etc. of each Haji, traveling expenses from Delhi to Jadda and return, visa, staying and food arrangements etc. during the Haj period. On 9.2.2002, accused Nawab Khan sent bus from Patiala and also sent accused Hasmat Khan and wife Smt. Satya Khan in the bus. 50-60 persons reached the airport at about 6.00 A.M. at Delhi. They found both the accused missing. All the