What camera was used to take this picture?

My nikon D40 was stolen… I need to know if this was taken with
a nikon… SLR camera… Help!
Added (1). @ the third answer. I know who took it. I just need some form of proving they have.it

Unfortunately, there's no Exif data with this image, so I can't tell.
If this is the full frame, it is the wrong proportions to be from a D40.It looks more like a 4:3 point and shoot image, but who knows if it's the full frame?

Go to:
http://regex.info/exif.cgi

Even if you knew it was taken with a Nikon D40 I doubt that you could prove that it was taken with any particular D40. There are D40s in use all over the world. Sorry, that's life.