KARACHI: A district and sessions court on Wednesday acquitted three Chinese men in a case pertaining to skimming money from an automated teller machine (ATM) in 2018, but convicted their fourth accomplice of the crime.

The Federal Investigation Agency had booked the four men — Zhu Yu Ping, Zeng Chun Yau, Ziao Jianjun and Liu Liming — for their alleged involvement in unauthorised access and theft of bank customers’ data and making illegal transactions by skimming a private bank’s ATM in Defence Housing Authority in January 2018.

On Wednesday, District and Ses­s­ions Judge (South) Amjad Ali Bohio pronounced his verdict reserved after recording evidence and final arguments from both sides.

Three accused were produced from prison while the fourth one appeared in court on bail.

While noting that the prosecution failed to prove charges against Zhu, Zeng and Ziao, the judge exonerated them by extending the benefit of the doubt.

The court hands four-year imprisonment to fourth Chinese national

However, the judge ruled that the prosecution successfully proved the charge against Liu.

The court handed down four-year imprisonment to him and also imposed a fine of Rs1 million. He would have to undergo an additional six-month imprisonment on default. Jail authorities were directed to release the three men forthwith if they were not required in any other case.

According to the prosecution, the police had detained three Chinese men for their alleged suspicious activities at an ATM of a private bank located in the Phase-II area of the DHA on the night of Jan 14, 2018.

The prosecution had further mentioned that the suspects were caught allegedly stealing the customers’ data by installing a skimming device on the ATM.

It claimed to have allegedly recovered around Rs2.3m, some 300 different ATM cards, a skimming device and data from their possession.

On a lead provided by the detained men, their fourth accomplice was later arrested from a hotel, it added.

The FIR booked them under the relevant sections of the Pakistan Electronic Crimes Act, 2016 (Peca) and the Pakistan Penal Code.

The prosecutor argued that there was sufficient evidence available to connect the suspects with the commissioning of the offence and pleaded to the court to punish them strictly in accordance with law.

On the other hand, defence counsel Ahmed Khoso submitted that there were glaring contradictions in the prosecution’s case and evidence, including the alleged recovery of the amount and ATM cards and skimming machine, etc.

He said that the prosecution failed to establish the role of his clients in the alleged offence and pleaded to the court to acquit them.

In their statements, recorded under Section 342 of the Criminal Procedure Code, all the suspects had denied the allegations levelled against them by the FIA and pleaded innocence. They alleged that the prosecution had falsely framed them in the present case.

Earlier this year, the same court had acquitted three other Chinese nationals also detained and charged with skimming two ATMs on Abdullah Haroon Road and Tipu Sultan Road in January 2018.

Published in Dawn, March 5th, 2020