STATE OF HIMACHAL PRADESH Vs. NAWAB KHAN

JUDGEMENT

(1.) 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. 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 Rs. 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 Hajis were stranded at Delhi for 6 days and during these six days they suffered a lot on account of various problems. Till 14.2.2002, the accused were not available to the Hajis and once or twice the accused Nawab Khan had telephoned that he is making necessary arrangements. On 14.2.2002 all the pilgrims came back to Nahan. The matter was investigated by the police. The report of the Forensic Science Laboratory, Shimla was also obtained. After the completion of investigation and completing all the codal formalities, the challan was put up.

(2.) Prosecution has examined 20 witnesses in all to prove its case. Statements of the accused under Section 313 of the Code of Criminal Procedure were recorded. According to them, they have been falsely implicated. According to accused Nawab Khan, he was a registered travelling agent and registered with the Labour Inspector, Patiala. He had done everything for sending the Hajis to Mekka Madeena. The Ministry of Haj South Arabia gave him the permission to take 56 Hajis to Mekka Madeena. He had deposited 10% amount of Mushaer Transport fair for 75 Hajis. He had also deposited a sum of Rs. 3,50,000/- with Global Passages Private Limited for the tickets of Hajis and also tendered the balance amount for staying of the pilgrims at Mekka. He paid Rs. 17,000/- for taking the passengers from Patiala to Nahan and then to Delhi. He also spent Rs. 10,000/- per Haji and also deposited Molan fees amounting to Rs. 13,500/- per Haji. He spent Rs. 3,000/- for obtaining the passport and Rs. 2,000/- each on the dresses for each Haji. A sum of Rs. 2,60,000/- was deposited in advance at Mekka and Madeena for getting the pilgrims to stay at Mekka and Madeena for 40 days. He incurred total expenses of Rs. 12,50,000/- approximately. According to him, most of the Hajis had not paid the total amount of Rs. 59,000/-, as agreed. The Hajis refused to give the enhanced fare, which was increased due to the attack by the terrorists on America. The accused have denied the involvement in the commission of offence. Learned trial Court acquitted the accused on 14.9.2005. Hence, the present appeal.

(3.) Mr. Pramod Thakur, learned Additional Advocate General has vehemently argued that the prosecution has proved its case against the respondent.