Delhi Police on Friday asserted before the designated court at Tis Hazari that scientific, medical and other evidence showed beyond doubt that it was the driver of US-based cab service provider, Uber, who had raped a 25-year-old woman executive and also tried to commit unnatural sex with her.
Shiv Kumar Yadav, who was driving the cab, had allegedly raped the woman on the night of December 5, last year, when the victim, who worked for a finance company in Gurgaon, was headed back home in Delhi’s Inderlok area. Yadav was arrested on December 7 from Mathura in a joint operation by Delhi and Uttar Pradesh police and produced before the court on December 8.
“Scientific, medical and all other evidence showed that this (rape) was done only by
this man (Yadav),” Special Public Prosecutor (SPP) Atul Srivastava argued before Additional Sessions Judge Kaveri Baweja, who reserved for January 13 the order on framing of charges against accused Shiv Kumar Yadav in the case. The SPP, who was arguing before a special fast-track court exclusively set up to deal with cases of sexual offences against women, said even the forensic experts have confirmed that the woman was raped.
In the chargesheet, the police relied on the forensic evidence and also placed on record the route map of
the car in which the offence was committed.
Srivastava told the court that Yadav, who is now lodged in jail under judicial custody, had tried committing unnatural sex with the woman but under the 2013 amended provisions of IPC, it would be covered under the offence of rape.
The prosecutor argued that 32-year-old Yadav had changed the route and taken away the woman to a lonely place where he raped her and he is liable to be charged for the offences of abduction and rape.
Srivastava said there were injuries on various body parts of the woman and DNA of the accused has also been found on the clothes and body of the victim and at this stage, even on suspicion, the court can frame charges against Yadav.
The counsel appearing for Yadav, however, claimed that as per the medical report of the victim, no injury was found on her body and she was tutored before recording of her statement under section 164 of Criminal Procedure Code (CrPC) before a magistrate.
According to the chargesheet against Yadav on December 24, 19 days after the incident, for alleged offences punishable under sections 376(2)(m) (while committing rape causing grievous bodily harm or endangering life of a woman), 366 (kidnapping or abducting woman with an intent to compel her for marriage), 506 (criminal intimidation) and 323 (voluntarily causing hurt) under IPC.
The defence counsel argued that the woman had told police that Yadav had threatened to insert a rod into her privates if she resisted or raised an alarm, but the investigators have not recovered any iron rod as yet. To this, the judge said that the woman had nowhere in her statement made such statement.