Hon’ble M.K. Mittal, J.—This appeal has been filed under Section 454, Cr.P.C. against the judgment and order dated 24th July, 2006 passed by Additional Sessions Judge, (F.T.C. No. 3), Bijnor, in Sessions Trial No. 223/2000, whereby he directed to forfeit the case property in favour of the State and further directed for its auction and for deposit of the sale proceeds with the State exchequer. By this judgment he acquitted the accused.

2. The brief facts of the case are that the appellant Pradeep Kumar filed a first information report on 10.9.1999 at 4.45 p.m. registered at crime No. 702/1999, at police station Nahtoor, District Bijnor, alleging that at 4 p.m. the same day when he, his wife Smt. Vandana, wife of his younger brother Smt. Mira his mother Smt. Veerbala and Achayara Naresh Kumur Ji were present at the house, 4 miscreants suddenly appeared. Two of them were armed with knife and two had tamanchas. They frightened the informant and others and confined them in the bathroom. They also took the ornaments that the ladies were wearing and also from the almirah. The age group or miscreants was between 20-30 years and they could be identified if seen again. The miscreants