1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4208 OF 2008 (For leave to appeal) IN CRIMINAL APPEAL NO. OF 2008 The State of Maharashtra .... Appellant. V/s Subhash Rajaram More ..... Respondent. ---- Mr. S.S. Pednekar, APP for the State. CORAM: V.M. KANADE, J. DATE : 15th December, 2008 P.C.: 1. Heard the learned APP appearing on behalf of the State. 2. This is an application for leave to file an appeal against the judgment and order dated 31/07/2008 passed by the learned District Judge - 4 & Special Judge, Sangli in Special Case No.1 of 2003 by which he was pleased to acquit the respondent - accused for the offence punishable under section 7 and 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988. 3. Prosecution case is that the applicant was working as 2 Gramsevak in Village Malangaon, Taluka Kavathemahankal, District Sangli. Complainant had filed an application for free house under "Indira Aawas" scheme and his application was granted by Malangaon Panchayat. Prosecution case is that the accused called the complainant in the Grampanchayat Office and obtained his signature on the application made to the Panchayat for sanction of the house and, at that time, he demanded Rs 3000/-. It is the case of the complainant that when he expressed his inability to pay the amount, the accused told him that others were paying him an amount of Rs 10,000/- and why the complainant should have difficulty to pay an amount of Rs 3000/-. Thereafter, a complaint was recorded against the accused. Pre-trap panchanama was prepared and the accused was caught red-handed while accepting an amount of Rs 500/-. 4. Prima facie case, in my view, is made out for grant of leave. Leave is granted. Appeal is admitted. Action may be taken under section 390 of the Criminal Procedure Code. (V.M. KANADE, J.) 3