KOCHI: Almost a decade after an alleged attempt to break open an ATM in Angamaly, a Judicial First Class Magistrate Court has acquitted the accused, citing serious lapses in the investigation and the prosecution’s failure to produce legally admissible evidence.
The case relates to an incident on October 22, 2015, when an attempt was allegedly made to break open an ATM belonging to a nationalised bank in Angamaly. The prosecution said the accused trespassed into the ATM counter around 10.30 pm and attempted to break open the cash dispenser using tools such as a hammer, screwdriver and hacksaw blade with the intention of stealing money.
Police registered a case under relevant sections of the Indian Penal Code and later filed a chargesheet before the court.
During the trial, the prosecution examined 10 witnesses and produced several documents and material objects, including tools allegedly used in the attempted break-in. The case largely relied on CCTV visuals from cameras installed inside the ATM counter.
However, while delivering the judgement recently, the court noted that the electronic evidence was not produced in the manner required by law. The CCTV footage submitted by the prosecution did not carry the mandatory certification required under the Indian Evidence Act, making it legally inadmissible.
The court observed: “The only material allegedly connecting the accused with the commission of the offence is the CCTV footage obtained from the ATM premises. However, the said electronic evidence was not produced in accordance with law, as it was not accompanied by the mandatory certification as required under the Evidence Act, nor was it proved in the manner prescribed.”
The court also said there was no other reliable circumstantial or scientific evidence linking the accused to the alleged crime. The judgment also highlighted the absence of proper forensic examination at the scene. The court said the police failed to conduct scientific analysis to determine how the ATM was damaged or whether the seized tools had any connection with the alleged attempt to break open the machine.
“No forensic examination was conducted at the scene of occurrence to ascertain the manner in which the alleged attempt was committed,” the court noted, adding that there was no material on record to establish a scientific link between the tools seized by police and the damage caused to the ATM.
“CCTV visuals are indeed evidence. But in court they must be made admissible by complying with the certification requirements under the Evidence Act. Without that, even clear footage may not be relied upon,” A lawyer familiar with criminal trials said.