A special court on Tuesday convicted Uber cab driver Shiv Kumar Yadav of raping a woman executive in December last year. Thirty two-year-old Yadav was held guilty under IPC Sections related to rape, endangering a woman’s life while raping her, abduction, criminal intimidation and causing hurt, and faces
maximum punishment of life imprisonment. The quantum of sentence will be pronounced on October 23.
“Shiv Kumar Yadav was convicted of all charges (framed against him). Arguments on quantum of sentence will come up on October 23,” Additional Sessions Judge Kaveri Baweja said while pronouncing the verdict in the case which had triggered protests and reignited a debate about the safety of women in the Capital.
The victim’s father who was present in the court appeared relieved after the verdict.
According to the prosecution, the incident took place on the night of December 5, 2014 when the victim, a finance executive working in Gurgaon, was heading back to her house at Inderlok. She hired the cab and dozed off in the back seat of Yadav’s taxi. She later woke up to find that the car had stopped at a secluded spot.
While she tried to raise an alarm, Yadav assaulted and raped her. After committing the rape, Yadav threatened to kill her if she reported the crime and dropped her near her home.
Yadav was later arrested on December 7 from his native village in Mathura Uttar Pradesh and is currently in judicial custody.
In her judgement, Additional Sessions Judge Kaveri Baweja declared Yadav guilty under Section 376 (2) (m) (While committing rape causes grievous bodily harm or disfigures or endangers life of a woman), Section 323 (Punishment for voluntarily causing hurt), Section 366 (Kidnapping) and Section 506 (criminal intimidation) of Indian Penal Code (IPC).
The 80-page judgement was not ready till late on Tuesday evening. The court said that it will be made available on October 23.
Baweja had on October 7 reserved the verdict after hearing final arguments from both the sides in the case.
Special Public Prosecutor Atul Shrivastava had earlier stated that there is sufficient evidence on record to hold Yadav guilty and that all the 28 prosecution witnesses authenticated the case against the accused. He also said that medical and forensic evidence had supported the victim’s version that she was sexually assaulted.
Defence counsel DK Mishra, however, claimed that there were several contradictions in the prosecution’s submission and the alleged survivor’s version. He also alleged that false evidence was planted against Yadav and that the woman had changed her statements before the court and police.
The case had even come up before the Supreme Court after the High Court allowed for re-examining the 13 prosecution witnesses including the victim after the victim and the Delhi Police moved an application against the order. The Supreme Court set aside the HC order for six months from March 10 to September 10.