The counsel for accused on Thursday began his final argument in the Uber rape case.
Accused Shiv Kumar Yadav’s counsel D.K. Mishra started the argument when Additional Sessions Judge Kaveri Baweja refused to stay the proceedings as sought him.
Mr. Mishra ha sought the stay on trial proceedings till the passing of an order by the Delhi High Court on his petition challenging the trial court order dismissing his application for recall of witnesses in the case.
The judge said since there was no stay on the trial by the Delhi High Court, the proceedings will not be stayed.
In his argument, Mr. Mishra said the prosecution had failed to charge his client under Section 377 (unnatural offences) of the Indian Penal Code.
Countering his argument, Public Prosecutor Atul Srivastava said that Section 377 is covered under the definition of rape as defined under Section 375 of the Code and the accused had already been charge-sheeted under Section 376 (rape).
The prosecution has already concluded its final argument, stating that there is sufficient evidence on record to hold the accused guilty in the case. It further said that none of the 28 prosecution witnesses had spoken against the prosecution case in their evidence.
All 28 prosecution witnesses, including the woman and his friend, had supported the prosecution case, the Public Prosecutor submitted. The woman has identified the accused as the person who sexually assaulted her on December 5 last year.
The accused allegedly sexually assaulted the victim at a secluded place after locking the cab while driving her home.
