Woman identified Uber cab driver Shiv Kumar Yadav as rapist, says chargesheet

New Delhi, Jan 8: The driver of US-based cab service provider, Uber, was identified in the court premises by a 27-year-old woman executive who was raped allegedly by him in December last year, Delhi Police has said in its chargesheet filed in a court in New Delhi.

The police said the woman identified accused Shiv Kumar Yadav as the one who raped her when she was coming out of a court room in Tis Hazari District courts after recording her statement before a magistrate and saw the accused.

"The prosecutrix (woman)... Shiv Kumar Yadav ko dekhte hi pehchan liya aur shinakht karte huey chillai ki 'yahi woh darinda hai jisne mera rape kiya hai' (the woman identified Shiv Kumar Yadav after spotting him and shouted 'he is the devil who raped me')," the chargesheet has said.

32-year-old Yadav is lodged in jail under judicial custody and Additional Sessions Judge Kaveri Baweja on Wednesday fixed the case for 9 January for hearing arguments on framing of charges.

Yadav, who was driving the cab, had allegedly raped the woman on the night of 5 December last year when the victim, who works for a finance company in Gurgaon, was headed back to her home in Delhi's Inderlok area.

Yadav was arrested on 7 December from Mathura in a joint operation by Delhi and Uttar Pradesh police and produced before the court on 8 December.

In its charge sheet, police said that on 8 December, the victim had gone to record her statement under section 164 of the Criminal Procedure Code (CrPC) before Metropolitan Magistrate Riya Guha and saw Yadav while he was coming out from another court where he was produced after his arrest.

The charge sheet said that Yadav, who was in muffled face, was feeling suffocated and removed the cloth while coming out of the court room and the woman, who at the same time was coming out from another court room, noticed and identified him.

The police had filed the chargesheet against Yadav on 24 December, 19 days after the incident, for alleged offences punishable under sections 376(2)(m)(while committing rape causes grievous bodily harm or endangers 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 the IPC.

Yadav had refused to undergo Test Identification Parade (TIP), saying the woman had already seen his photograph in Uber's website and she would definitely identify him.

TIP is a process under the criminal law through which a victim of a crime identifies an accused.

The chargesheet said that Yadav, who was in muffled face, was feeling suffocated and removed the cloth while coming out of the court room and the woman, who at the same time was coming out from another court room, noticed and identified him.

The police had filed the chargesheet against Yadav on 24 December, 19 days after the incident, for alleged offences punishable under sections 376(2)(m)(while committing rape causes grievous bodily harm or endangers 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 the IPC.

Yadav had refused to undergo Test Identification Parade (TIP), saying the woman had already seen his photograph in Uber's website and she would definitely identify him.

TIP is a process under the criminal law through which a victim of a crime identifies an accused.

PTI