RINCHU Vs. GOVT OF NTC OF DELHI

JUDGEMENT

(1.) Petitioner, Miss Rinchu, aNurse by profession, was subjected to sexual assault and violence by a ward boy/sweeper Bhura while attending to a paralytic patient at respondent No. 3-Shanti Mukund Hospital (in short referred as 'SMH') on the intervening night between 6th and 7th September, 2003. She lost her right eye.

(2.) By this petition, she seeks adequate compensation from respondent No. 1- Government of NCT of Delhi, respondent No. 2-G.T.B.Hospital, a hospital run and controlled by respondent No. 1, where she had been referred for consultation and specialized treatment and from respondent No. 3-SMH, a nursing home granted a licence by respondent No. 1 and registered under the Delhi Nursing Home Registration Act. Additionally petitioner, seeks direction to respondent No. 3 for provision of free medical treatment and a suitable job for herself. Petitioner also seeks revocation/cancellation of licence of respondent No. 3 to run a Nursing Home. Ward boy Bhura was prosecuted, tried and convicted for the offence under Sections 376/326/342, IPC vide judgment dated 27th April, 2005 by Mr. J. M. Malik, the then Addl. Sessions Judge (now Hon'ble Judge, Delhi High Court). He has been sentenced to life imprisonment and a total fine of 10,000/- and in default of payment of fine, to simple imprisonment for three years. His appeal against conviction has since been admitted in this Court. Petitioner has not impleaded Bhura, the primary tort feasor as a respondent in the petition. This is understandably so since Bhura is incarcerated and bereft of any means.

(3.) Following issuance of notice in writ petition, Counter-affidavits have been filed by respondents 1-2 and respondent No. 3. Written synopsis and submissions have also been filed by the parties and the Counsel for the parties have been heard at length and the records of medical examination and treatment accorded to the petitioner at G.T.B. Hospital and SMH have been perused and considered.