A 25-year-old woman, who was raped allegedly by the driver of US-based cab service provider Uber, stood firm on her stand in a Delhi court that it was the accused who had sexually assaulted her in December last year.
The woman executive, who appeared in court on Friday wearing a veil, was cross-examined by the counsel for accused Shiv Kumar Yadav before Additional Sessions Judge Kaveri Baweja. The hearing took place in-camera and, according to court sources, the woman remained calm and deposed confidently. The woman stuck to her version which she had deposed on Thursday during her examination by special public prosecutor Atul Shrivastava.
During the day’s hearing, on being asked by Yadav’s counsel Aalok Dwivedi whether it is correct that on the night of the alleged incident on December 5, 2014, no sexual intercourse was established between her and the accused, the woman denied, saying she had raised an alarm but could not save herself as the driver had overpowered her and raped her. The recording of statement of the woman, who is the first prosecution witness in the case, remained inconclusive and would continue on Saturday. During the hearing, 32-year-old Yadav was also present inside the courtroom.
Yadav was on Thursday identified in court by the woman as the one who had raped her on the night of December 5, 2014 when she had hired the cab and was returning home in West Delhi’s Inderlok area. Meanwhile, Yadav was also produced in another court, which extended his judicial custody till January 30 in connection with a separate forgery case lodged against him after the rape case.
Police had alleged that a tout had assisted Yadav in procuring fake character certificate on the seal of Delhi Police and got it attested from a notary. According to police, Yadav had got an All India Tourist Permit after submitting a character certificate to the State Transport Authority (STA) in Burari. In the rape case, sources had said the woman told court that when she had raised an alarm, Yadav had slapped her several times and also threatened to insert a rod into her privates.
The court had on January 13 framed charges against Yadav and ordered that the trial will proceed on a daily basis. The court had framed charges under various sections of Indian Penal Code (IPC) for alleged offences of endangering a woman’s life while raping her, kidnapping her with intent to compel her for marriage, criminally intimidating and causing hurt.
Police had filed the chargesheet 19 days after the incident on the night of December 5 last year when the victim, who was working for a finance company in Gurgaon, was headed back home. Earlier, Yadav had indulged in histrionics in court alleging he would not sign the charge order sheet as arguments on framing of charges were not advanced in his presence.
later, after being assured by the judge that nothing wrong was being done to him and legal procedures were being followed by the court, he had agreed and gave it in writing that he was signing the order on charge of his own volition.
Yadav had refused to undergo a test identification parade (TIP), saying the woman had already seen his photograph on Uber’s website and she would definitely identify him. TIP is a process under criminal law through which a victim of a crime identifies an accused.
Yadav was arrested on December 7, 2014 from Mathura in a joint operation by Delhi and Uttar Pradesh police. Police had also told the court that Yadav was hired by Uber, and claimed that the firm had not verified his particulars. Police has lodged a case of cheating against the firm.
lionised NY lawyer hired to sue Uber in the US
The 26-year-old alleged victim has reportedly enlisted the services of high-profile American lawyer Douglas Wigdor. The woman who was allegedly raped by an Uber taxi driver is considering the possibility of taking the tech firm to court in the US, according to British daily The Guardian.
Authorities in the Capital banned the taxi service in December, when the woman accused Uber driver Shiv Kumar Yadav, 32, of attacking her. Yadav pleaded not guilty to charges of rape, kidnapping and criminal intimidation. As the criminal trial unfolds, the victim is reported to have approached Douglas Wigdor, a high-profile American lawyer who represented Nafissatou Diallo, the New York City hotel maid who accused the former International Monetary Fund (IMF) managing director Dominique Strauss-Kahn of sexual assault.
“I can confirm that I have been retained by the young lady who was raped by an Uber driver in Delhi, India, last December,” Wigdor told The Guardian, which said he was looking at the possibility of the New Delhi woman suing Uber for negligence in an American court.
“Having met extensively with her and her family while in Delhi, I can only compliment them for their bravery and fortitude during this very difficult time. We will use all of our resources to vindicate my client’s rights, hold those responsible for their actions and ensure that this doesn’t happen again.”