After registering the first FIR in Ayodhya’s Ram Mandir donation dispute, all the 8 accused named have been arrested. Earlier these accused were taken into custody for questioning. This FIR has been registered on the complaint of Krishna Mohan, a member of Shri Ram Janmabhoomi Teerth Kshetra Trust.
This action was taken on the basis of the recommendations made in the initial report of the Special Investigation Team (SIT) formed by the Uttar Pradesh government to investigate the allegations after the case of donation theft came to light. The people named in the FIR, including Anukalp Mishra, Avinash Shukla, Lavkush Mishra, Manish Kumar Yadav, Ramashankar Mishra, Karunesh Pandey, Subhash Srivastava and Ramshankar Yadav alias Tinnu Yadav, were involved in the process of counting the cash and valuables received as donations in the temple. After the arrest of these people, they are being interrogated as part of the investigation.
What does Section 306 say, what is the punishment?
Many sections have been imposed in the FIR registered under the Indian Justice Code in the donation theft case. It has been registered under Indian Judicial Code sections 306 (theft by clerk or servant of property in the possession of the owner), 316 (criminal breach of trust), 317 (dishonestly receiving stolen goods) and 61 (criminal conspiracy), along with other provisions.
Under Section 306 of the Indian Code of Justice (BNS), 2023, theft by a clerk, servant or employee of his employer’s property or property in his possession is a cognizable and non-bailable offence. If the case is proved, along with fine, you can also face imprisonment up to 7 years.
What is the punishment under section 316 of BNS?
Section 316 considers ‘Criminal Breach of Trust’ and punishment has also been fixed for it. Sub-section (5) of this provision provides for severe punishment for those who hold positions of great trust, such as government servants, bankers, traders, lawyers or agents. If found guilty, the punishment can be up to 5 years in jail, along with a fine, or both. Whereas in sub-section (5), the punishment of 10 years of jail has been fixed.
Whereas Section 317 defines the laws related to possession, recovery and disposal of stolen property. It was brought in place of the old section 411 of the Indian Penal Code (IPC). Depending on the seriousness of the crime, this section provides for stringent punishment ranging from 3 years of jail to rigorous life imprisonment.
What about section 317 and section 61?
Section 317 (4) is for those habitual offenders who deal in or receive stolen property. If proven guilty, the punishment can be up to 10 years in jail or life imprisonment. Along with jail sentence, fine can also be imposed. Whereas under Section 317 (5), anyone found guilty of knowingly helping in hiding or getting rid of stolen goods can face both fine and jail. The maximum punishment that can be given is 3 years in jail.
In Section 61 of BNS, the definition of those who hatch a criminal conspiracy has been fixed. In case of serious conspiracy in this case, there can be death sentence, life imprisonment or rigorous punishment of 2 years or more. In this, the conspirators will be punished in the same way as they have instigated the crime. Whereas in case of minor conspiracy, there can be a jail term up to six months or fine or both.
Case of Prevention of Corruption Act also
Apart from this, a case has also been registered under Section 13 (1) (a) of the Prevention of Corruption Act 1988. Under this, if an allegation of an offense is made, it will be mandatory to give a description of the property in respect of which the offense is alleged to have been committed and the dates between which the offense is alleged to have been committed. Under this, if found guilty, the employee can be punished with rigorous imprisonment for a minimum of four years and a maximum of 10 years, and a fine can also be imposed.
The controversy of donation theft in the temple came to light on June 7. After this, on the request of Shri Ram Janmabhoomi Teerth Kshetra Trust, the Uttar Pradesh government had formed a Special Investigation Team (SIT) on 13 June, which submitted its initial report to the state government on 23 June. Based on the recommendations of the SIT, an FIR was registered on the night of Thursday, June 25, and Ayodhya Police confirmed the arrest of the accused today on Friday.
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