ALS-129-2019 -2-
2. Appraising this Court about prosecution against present respondent, learned APP submitted that under the Maharashtra Suvarna Mahotsavi Gramin Dalit Vasti Pani Purvatha Va Swachata Yojna, the Government of Maharashtra has sanctioned funds for erecting and constructing lavatories in villages. Government permitted villagers to construct lavatories and paid subsidies. According to learned APP, complainant Thorat approached accused Gram Sewak for receiving subsidy. However, accused did not release it and moreover, demanded Rs.500/- from five beneficiaries i.e. to the tune of Rs.2,500/-, but subsequently agreed to accept Rs.2,000/-. Therefore, complaint was lodged, shadow pancha PW2 was arranged and appraised about the complaint and he and complainant both approached accused. Verification of demand was done. Demand as well as acceptance was complete and therefore offence was made out. However, according to learned APP, accused has been acquitted on the sole ground that work was not allotted to the accused. There is apparently improper appreciation of evidence as well as law. According to him, there is good case on merits and so he seeks leave.