Shiv Kumar Yadav Shiv Kumar Yadav

The counsel of former Uber cab driver Shiv Kumar Yadav on Friday said an educated woman can't be intimidated and thus Section 506 of the IPC slapped on the accused isn't "legitimate". "Can a woman, who is educated and physically able, be threatened with rape and murder when the man cannot even furnish a weapon?"

Defence counsel Alok Dwivedi contended in the court on Friday that as per the victim's statement Yadav had threatened of inserting a 'sariya' (rod) into her body if she resisted him. "But the woman is educated, was conscious at the time of the event and there was no 'sariya' in the taxi to be scared of. Then how is it a legitimate case for Section 506 of IPC, that is, criminal intimidation?" the defence counsel said.

Strongly objecting to the defence statement, Special Public Prosecutor Atul Shrivastav said it was not just "any casual warning". "Yadav clearly reminded her of the December 16 gang rape case and of consequences exactly like that. Also, it is not that only uneducated persons get intimidated. Educated persons get scared too. Therefore, it is a perfect case for charging with Section 506 or Criminal Intimidation," Shrivastav reasoned.

The lawyers were arguing in the court of Additional Sessions Judge Kaveri Baweja, which is a fast track court set up exclusively to deal with cases of sexual offences against women.

Thirty-two-year-old Shiv Kumar Yadav, a driver with mobile-based cab service Uber, allegedly kidnapped his woman passenger on December 5 when she fell asleep. He took her to a desolate spot, 'child locked' the car and raped her. He was arrested from his hometown in Mainpuri (UP) after which the police slapped him with charges of 'Committing rape causing grievous bodily harm', 'Abducting a woman', 'Criminal intimidation' and 'Voluntarily causing hurt' under various IPC sections.

During the argument, Yadav's counsel Alok Dwivedi contested the application of Section 376(2) (m) of IPC as inappropriate. His reasoning: There was "no grievous bodily harm to the woman".

Trashing Dwivedi's comment, the public prosecutor immediately cited the victim's medical report to prove that she had "scratches all over chest, neck and back, and Yadav tried to strangulate her in a bid to bring her under control".

The Delhi Police also asserted before the court that all available evidences - forensic, oral and circumstantial - showed that Yadav had committed the heinous crime. Not just that, he also tried to commit unnatural sex with the victim, the police said.

However, under the amended provisions of the IPC (in 2013), unnatural sex would also be covered under the offence of rape.