Anant S. Dave, J.

1. This appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, against the order of acquittal dated 27.08.2004, passed by the learned Additional Sessions Judge (Fast Track Court No. 5) Bharuch in Sessions Case No. 102 of 2003, whereby, the respondent-original accused No. 4 came to be acquitted of offences under Section 396, 120-B, 427 of the Indian Penal Code r/w. Section 135 of the Bombay Police Act.

2. The short facts leading to filing of this appear is as under:

"2.1 That on 10th February 2003 when the complainant and her husband were sleeping in their house at about 1:00 a.m. on the intervening night between 10/2/2003 and 11/2/2003 the assailants knocked at the front door and rear door of their house wherein some of the persons were demanding 'beedi' from the front door and from the rear door of their house some of the persons were demanding water. Since the complainant was so frightened because of the sudden commotion she anticipated some evil things to happen and urger her husband to run away from the house but in the meanwhile the rear door was broken by the assailants and started assaulting the husband of the complainant. In the bri