This is an appeal against acquittal. The de facto complainant/victim is the appellant. He expired and his legal heirs are the additional appellants. The respondent was charged with an offence under Sections 328 and 392 of the Indian Penal Code, 1860 ( IPC ). After trial, he was acquitted by the Additional Sessions Judge (Adhoc) Fast Track-I, Pathanamthitta as per the judgment dated 14.12.2009. MO1 is a gold ingot. The trial court ordered to confiscate the same. Aggrieved by the orders of acquittal and confiscation this appeal has been filed under Section 372 of the Code of Criminal Procedure, 1973 (Code).

2. Heard the learned counsel for the appellants, the learned counsel for the 1st respondent and the learned Public Prosecutor.

3. Two questions require consideration in this appeal are as follows:

i) Is the acquittal of the 1st respondent incorrect?ii) Is not the order of confiscation correct?

4. The prosecution evidence consists of oral testimonies of PWs.1 to 9 and Exts.P1 to P10. MO1 was identified. On the defence side, Exts.D1 to D3 were marked. The incident of robbery occurred on 15.01.2004. The allegations were that PW2 was pursuaded and taken to have drinks to a bar