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This is an archive article published on August 27, 2014

Male nurse convicted of molesting patient during treatment

Metropolitan Magistrate Ekta Gauba awarded the jail term to 32-year-old Brij Bihari Rathore.

A Delhi court sentenced a male nurse of a government hospital to one-year imprisonment for molesting a patient — observing that it is a serious problem if women are not even safe while being medically treated.

Metropolitan Magistrate Ekta Gauba awarded the jail term to 32-year-old Brij Bihari Rathore, who was working as a nurse at Guru Gobind Singh Hospital in Raghubir Nagar — for molesting a woman patient by indecently touching her while treating her.

It was alleged that the nurse called her later and had asked her to meet him personally. While convicting the nurse, the judge said, “ I am of the considered view that testimony of the victim is clear, convincing and reliable and no material has come on record which falsify her evidence and the other prosecution witnesses have fully corroborated the version of the victim.”

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The court also rejected the accused’s plea that he be released on probation. It said according to a latest judgment of the Supreme Court, benefit of probation cannot be extended to the accused considering the “heinous crime” i.e. crime against women, which the man had committed, and the social conditions prevailing in society.

According to the prosecution, the woman, along with her mother and brother-in-law, had gone to the casualty section of Guru Gobind Singh Hospital on the morning of March 17, 2008. There, Rathore gave her an injection and told her mother to bring a glass of water. In the mother’s absence, he wrote his name and phone number on a slip and gave it to the woman patient, the prosecution said.

While giving her injection, Rathore indecently touched her, but the patient did not disclose it to her mother, police said. But later, Rathore began calling her on her mobile and asked her to meet him, even as the woman and her family members scolded him. When he did not stop, she approached police and lodged an FIR against him.

Rathore, however, denied the allegations and claimed that the woman’s husband and brother-in-law were involved in destroying the property of the hospital, which had registered a case against them. That is why, Rathore claimed, the woman and her family had filed a cross-case against him.

Kaunain Sheriff M is an award-winning investigative journalist and the National Health Editor at The Indian Express. He is the author of Johnson & Johnson Files: The Indian Secrets of a Global Giant, an investigation into one of the world’s most powerful pharmaceutical companies. With over a decade of experience, Kaunain brings deep expertise in three areas of investigative journalism: law, health, and data. He currently leads The Indian Express newsroom’s in-depth coverage of health. His work has earned some of the most prestigious honours in journalism, including the Ramnath Goenka Award for Excellence in Journalism, the Society of Publishers in Asia (SOPA) Award, and the Mumbai Press Club’s Red Ink Award. Kaunain has also collaborated on major global investigations. He was part of the Implant Files project with the International Consortium of Investigative Journalists (ICIJ), which exposed malpractices in the medical device industry across the world. He also contributed to an international investigation that uncovered how a Chinese big-data firm was monitoring thousands of prominent Indian individuals and institutions in real time. Over the years, he has reported on several high-profile criminal trials, including the Hashimpura massacre, the 2G spectrum scam, and the coal block allocation case. Within The Indian Express, he has been honoured three times with the Indian Express Excellence Award for his investigations—on the anti-Sikh riots, the Vyapam exam scam, and the abuse of the National Security Act in Uttar Pradesh. ... Read More

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