New Delhi | A Delhi court today remanded the driver of US-based cab service provider Uber, arrested for allegedly raping a 27-year old woman executive here, in judicial custody till December 24, amid a ruckus by striking lawyers. Metropolitan Magistrate Ravindra Kumar Pandey sent Shiv Kumar Yadav to Tihar Jail after the investigating officer (IO) said that his custodial interrogation was not necessary as a mobile phone and clothes, which the accused was wearing at the time of the incident, have been recovered.
The officer submitted that the investigation in the case was still on. The legal aid counsel, appearing for the accused, however, said that the investigation was complete and Yadav be sent to judicial custody. The court after hearing the submissions said, Considering the facts of the case, nature and seriousness of allegations and considering that the investigation is at a crucial stage, the accused be remanded to judicial custody till December 24.
The moment Yadav was produced in the court, lawyers, who were sitting on a strike for the third consecutive day, created ruckus in the court room and opposed the counsel appearing for him. The lawyers started shouting, We are on strike and no advocate will appear in the proceedings. The magistrate then requested the advocates not to interfere with the court proceedings. 32-year-old Yadav, who was driving the cab, had allegedly raped the woman on the night of December 5 when the victim, who works for a finance company in Gurgaon, was headed back to her home in north Delhi’s Inderlok area.
Yadav, who 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, was brought to the court under tight security after expiry of his three-day police custody. After hearing the submissions of the police and the legal aid counsel, the magistrate asked Yadav if he wants to say anything to which the accused said no.
After the proceedings when Yadav was being taken out of the court room, the striking lawyers tried to block the passage of the policemen and the accused. They also raised slogans. Earlier, the court asked several questions from the IO, including if the statement of the victim has been recorded before a magistrate and whether the accused has undergone Test Identification Parade (TIP) process. To this, the IO replied that the testimony of the victim under the provisions of the CrPC has already been recorded and during the last hearing, Yadav had refused to undergo TIP, a process under the criminal law through which a victim identifies an accused.
On being asked by the magistrate whether the driving licence of Yadav was genuine or fake and when was he hired by the cab provider company, the police said his licence has been found to be fake and he was employed by the firm a month ago. Did the company get his particulars verified? If no, then against whom you have registered a case? the court asked.
The court also noted that during the proceedings, the IO was not able to respond to queries, and asked, Who is the real IO in the case? She does not know anything. The police said Yadav was hired by US-based Uber company and it had not verified his particulars and they have lodged a case of cheating against the firm. Earlier, Yadav had refused to undergo TIP, saying the girl had already seen his photograph in Uber’s website and she will definitely identify him.
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