New Delhi: The driver working with US-based cab service provider Uber, arrested for allegedly raping a 27 year old woman executive here, was on Monday sent to three day police custody by a Delhi court for questioning and recovery of the mobile phone used by him in the offence.

Shiv Kumar Yadav, who was arrested yesterday from Mathura in a joint operation by Delhi and Uttar Pradesh police, was produced with his face muffled before metropolitan magistrate Ambika Singh, who accepted the plea of investigators for his custodial investigation.

Yadav refused to undergo test identification parade , a process under the criminal law through which a victim identifies an accused, saying the girl has already seen his photograph in Uber’s website and she will definitely identify him as the accused.

The accused declined to undergo the TIP even after a warning by the court that his refusal may go against him.

While allowing the custodial interrogation of Yadav, whom the police has claimed to be a repeat offender, the magistrate said, “For thorough investigation and as the case property, i.e. mobile phone, is yet to be recovered, three days’ police custody is granted. Let him be produced on December 11.”

The proceedings saw Yadav being represented by advocate from the Delhi State Legal Authority, Vinit Malhotra, who opposed the custodial interrogation, saying that the vehicle has been recovered and no purpose will be served by sending him in police custody as there were reasonable apprehension that he will be subjected to torture.

However, his request for sending the accused to judicial custody was rejected and the court allowed the plea of police that accused was required to be taken to the places associated with the offence.

Yadav, who was driving the cab, allegedly raped the woman on Friday night when the victim, who works for a finance company in Gurgaon, was headed back to her home in north Delhi's Inderlok area.