Uber driver Shiv Kumar Yadav says police manipulated docs, planted case

New Delhi: A cab driver, facing trial for allegedly raping a woman in his car, today claimed in a Delhi court that the police manipulated documents to implicate him in a "well planned and planted" case.

Advancing final arguments in the case, the counsel for accused Shiv Kumar Yadav claimed that his client was not there at the time of alleged incident and Delhi Police has deliberately concealed the location chart of the victim's mobile phone to implicate him.

"Police has manipulated the documents in the case which is of such a magnitude. Police has not mentioned from where it took the data of the (GPS) maps placed on record showing the route taken by the accused from Vasant Vihar to Inderlok.

"It is just an imaginary artistic picture made by the police. Can such imaginary pictures be relied upon? According to me, court cannot rely upon them and so it cannot be read as evidence," Advocate D K Mishra, appearing for Yadav, told Additional Sessions Judge Kaveri Baweja.

"It was a well-planned and planted case. The location chart of mobile phone could bring every movement of the woman.

So to hide that movement, the chart was not provided by the police. The woman was lying since morning of the alleged incident day," he alleged, while reading out the victim's statement given to the court.

Regarding the satellite maps placed on record by the police, the counsel said they cannot be relied upon as they were proved by Uber's official and not by Google which is the service provider of the data.

"It cannot be relied upon unless Google's officials come and say the maps have been generated through their data. It is a secondary evidence which cannot be relied upon," he argued. The arguments remained inconclusive and would continue on September 26.

Special Public Prosecutor Atul Shrivastava, while advancing final arguments, had earlier said an accused can be convicted on the basis of sole testimony of the victim if it is trustworthy.

According to the prosecution, the incident took place on the night of December 5 last year when the 25-year-old victim, a finance executive working in Gurgaon, was heading back home.

The prosecutor had referred to the statement of the victim in which the woman had deposed that the accused had slapped her several times, pressed her neck and was also reminded by him of the December 16 gangrape case in which rods were inserted in the victim's body.

Police had said the woman had taken the taxi from Vasant Vihar to return her house in Inderlok area of North Delhi but accused Shiv Kumar Yadav took another route and allegedly raped her. Yadav was arrested on December 7, 2014 from Mathura and is presently under judicial custody.

The court has framed charges against Yadav under IPC for alleged offences of endangering a woman's life while raping her, abducting with an intent to compel her for marriage and criminally intimidating and causing hurt. The court had also recorded the testimony of the accused in which he termed the charge against him as "false".