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This story is from December 25, 2014

‘Watertight’ chargesheet in cab rape case, lists 44 witnesses and is packed with scientific evidence

After relentlessly collecting evidence in the cab rape case, police on Wednesday filed a 15-page chargesheet against the accused, Shiv Kumar Yadav, at Tis Hazari Courts. Yadav had allegedly raped a 26-year-old finance executive inside his cab near Zakhira in north Delhi on December 5.
‘Watertight’ chargesheet in cab rape case, lists 44 witnesses and is packed with scientific evidence
NEW DELHI: After relentlessly collecting evidence in the cab rape case, police on Wednesday filed a 15-page chargesheet against the accused, Shiv Kumar Yadav, at Tis Hazari Courts. Yadav had allegedly raped a 26-year-old finance executive inside his cab near Zakhira in north Delhi on December 5. It is one of the quickest investigations by Delhi Police in a crime against a woman, taking all of 19 days.
The Nirbhaya case chargesheet was filed after 17 days.
The police report with annexures runs to about 155 pages, and sources said it builds a “watertight case”. Yadav has been charged with sections of abduction (366 IPC), rape (376 IPC), causing hurt (323 IPC) and criminal intimidation (506 IPC). A supplementary chargesheet will be filed once the accused’s fingerprints and mobile forensic examination data are received.
“All allegations made by the victim have been corroborated through oral, scientific and forensic evidence and harshest punishment may be awarded to the accused keeping his previous conduct in mind,” the police report states, describing Yadav as a habitual offender who was on the prowl for a target.
It says Yadav’s intent to rape the woman is proved by the fact that he drove the cab to a spot that was not on her route. He in fact “ended the ride” in north Delhi through the service provider’s phone app, drove past her house and onward to an isolated place near Zakhira where he raped her.
The chargesheet begins with the investigating officer’s statement that on December 6 the woman reported the crime around 1.15am via DD number 2 at the Inderlok police post. “She said she boarded a cab near Priya Complex in Vasant Vihar around 10.38pm. She was seated at the back and dozed off on the way and found herself at an isolated spot on waking up. The cab driver was molesting her and slapped her when she protested. He dropped her near her home after raping her and fled. The woman took a photo of the car’s rear and also sent a message to her fiancé, but it went to the driver instead as he had last dialled his number from her phone and threatened her saying he had her details,” it quotes from her statement.

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The report lists the investigations, analyses of call records etc, and describes the accused’s arrest in Mathura stating he had switched off his phones and was trying to escape with his family. It lists 44 witnesses, including the survivor’s friend who booked the cab, CFSL scientists, doctors who prepared the medico-legal case, two other drivers who drove Yadav’s cab by turns, Yadav’s parents and wife, officials of the telecom company whose number he was using and the general manager of the cab company.
“The forensic report conclusively proves that Yadav sexually assaulted the woman. DNA and other evidence collected from the cab, clothes worn by Yadav and the survivor categorically establish the act,“ a source said. The evidence was tested at CBI’s CFSL wing on Lodhi Road.

Police have buttressed their charges with technical data from phones used by the survivor and her friend, and Yadav’s three cell phones.
The chargesheet was prepared by a team of officers led by DCP (north) Madhur Verma and addl DCP Brijender Yadav and comprising ACPs Shweta Chauhan and Subhash Tandon, and inspector Anil Dureja, among others.
Yadav was produced before Metropolitan Magistrate Ajay Kumar Malik around 5pm on Wednesday. His face was covered and his wife was present during the hearing. He acted defiant and asked for a government lawyer saying he cannot afford one. The court fixed January 2 for considering the chargesheet.
The GPS route map in the chargesheet shows the cab started from Priya Complex in Vasant Vihar at 10.38pm and drove by RK Puram Sector 1, Moti Bagh, Delhi Cantonment, Naraina Village, Mayapuri, Rajouri Garden, Tri Nagar, Daya Basti and finally stopped near Zakhira, the scene of crime.
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Police have buttressed their charges with technical data from phones used by the survivor and her friend, and Yadav’s three cell phones. The evidence includes messages sent from their phones, calls made by Yadav to the woman —he called up to threaten her when she accidentally sent him a message meant for her fiance after the assault—and the photo of the cab taken by the survivor which shows its number – DL1YD 7910.
Police are yet to file a chargesheet against cab service operator Uber in the FIR registered under Section 420 (cheating) of IPC. They have also not submitted the chargesheet against Yadav for forging his age in his driver’s licence and the police character certificate.
Read this story in Hindi: ऊबर केस, शिव कुमार के खिलाफ चार्जशीट
author
About the Author
Raj Shekhar

Raj Shekhar Jha is an assistant editor with The Times of India, Delhi. He has been writing on internal security and crime for TOI since 2011.

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