Srinagar, Jul 20 (UNI) Declaring that any out of court settlement does not end the criminal liability of an offence, a local court in the central Kashmir sentenced a doctor to three years imprisonment for operating a woman more than a decade ago, without proper infrastructure in the operation theatre.
The woman later died after the operation.
Principal District and Sessions Judge, Badgam, Moulvi Javid Ahmad in his judgement pronounced yesterday, sentenced doctor, Dr Ghulam Nabi Bhat for a three-year rigorous imprisonment and slapped a penalty of Rs 5,000 after he was found guilty of a negligent act, by operating a woman for ovarian cyst without in an operation theatre in December 1997.
The defending counsels pleaded that the doctor had made an out of court settlement by paying compensation to the relatives of the deceased woman.
The Judge declared that any disbursement to the near ones of the victim does not end the criminal liability of the offence.
Payment of compensation can conclude the civil liability of the case but its criminal aspect remains alive deserving punishment, the Judge said.
Dismissing the plead of the defence council that the doctor had committed an error of judgement during the surgery, the judge said had the operation theatre enough of requisite infrastructure, the perception of error of judgment could have been considered. The hospital had no basic infrastructure and the doctor made an incision. This is a case of gross negligence, he said.
The woman suffering from an ovarian ailment was operated upon under a candle light in the theatre which was without oxygen, anesthesia and other facilities against a payment of Rs 4000.
The doctor was found guilty of negligence under section 304-A of RPC on July 17 however, the sentence was pronounced yesterday.
UNI BAS MYK JT KN1222