New Delhi: A doctor of a government hospital, who had examined the victim in the Uber cab rape case, on Wednesday, confirmed before a Delhi court that the 25-year-old woman was sexually assaulted.
Deposing as a prosecution witness, the doctor of Bara Hindu Rao Hospital told the court that she had examined the woman on December 6, 2014 and denied the suggestion that she had prepared the medical report on the saying of the victim.
"After examining the patient and upon considering the observation made by me in the MLC (medical report), I can say that the victim was raped," the doctor said during cross examination by accused Shiv Kumar Yadav's counsel. During the cross examination, Additional Sessions Judge Kaveri Baweja cautioned the counsel for Yadav, the cab driver, for asking certain questions.
The doctor told the court that on the basis of the medical report, it cannot be said as to who had raped the patient. She said, "I have not given any opinion on MLC as to whether the victim was raped or not. I have not mentioned the time of completion of medical examination of the victim."
During her examination-in-chief by Special Public Prosecutor Atul Shrivastava, the doctor said she found swelling on the victim's lower lip, scratch marks on various parts of the victim's body and these injuries were fresh in nature.
The court had earlier recorded statements of 10 witnesses including the victim who had identified 32-year-old Yadav as the one who had raped her on the night of December 5, 2014 when she had hired the cab and was returning home in west Delhi's Inderlok area.
Meanwhile, in pursuance to its directions, the court received a report from the DCP of 3rd Battalion that no such information has been received regarding any scuffle in the prison van as alleged by the accused. Yadav had yesterday moved a plea that he was threatened and attacked in the prison van by fellow inmates while being taken back to jail after the proceedings on January 17. To this, the court had sought a report from the lock up in-charge.
The court said that in view of the report of the DCP, no further directions are required to be passed in this matter and the application is disposed of as the authorities are taking all necessary measures for the safety of the accused. The DCP also informed the court that as per its earlier directions, Yadav is being ferried to and fro from jail to court in a separate enclosure in the prison van.
Earlier too, Yadav had made a similar complaint to the court which had directed the Delhi Police and Tihar Jail authorities to ensure security and provide separate enclosure to Yadav in the prison van.
The woman executive, who stood firm on her stand during her examination earlier, had deposed that the accused had forced upon her and it was not a "consensual" act and she was not able to open the door of the car.
The woman had told the court that on the night of the alleged incident on December 5, 2014, she had raised an alarm but could not save herself as Yadav had overpowered and raped her.
Trial in this case was commenced January 15 on a daily basis. It has framed charges against Yadav under various sections of the Indian Penal Code for alleged offences of endangering a woman's life while raping her, kidnapping her with intent to compel her for marriage, criminally intimidating and causing hurt.
Yadav was arrested on December 7 last year from Mathura in a joint operation by Delhi and Uttar Pradesh police. Police had told the court that Yadav was hired by Uber, and claimed that the firm had not verified his particulars. Police has lodged a case of cheating against the firm.
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