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21.3. The respondents’ claim that the young girl (Ms. X) was in an irreversible critical state from the moment of the fall stands completely contradicted by their own records, the AIIMS Medical Board Report, and independent evidence on record. While the Investigation Officer, Sadhana Hostel and the Venkataramana Hospital have categorically taken a stand that the young girl (Ms. X) was unconscious when brought to the hospital, the AIIMS Medical Board has clearly noted that the young girl (Ms. X) was admitted to the hospital in a conscious and irritable state, with a Glasgow Coma Scale (GCS) score of 10/15, indicating that she was neurologically responsive at the time of admission. This observation Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024 of the AIIMS Medical Board is further corroborated by the statement of the appellant, who stated that at approximately 1:15 am on 15th July, 2023, his friend saw the young girl (Ms. X) moving and verbally asking for water, a clear indication of retained consciousness and lucidity. Despite this, when the appellant arrived at Venkataramana Hospital later that day, he found that his daughter was placed on a ventilator. No consent, written or oral, was obtained from the appellant, any family member, or a responsible person prior to this critical medical intervention. Furthermore, at no point was the appellant or even his friend, who was physically present in Visakhapatnam, informed about the occurrence of a heart attack or deterioration of Ms. X’s condition during the night. If the deceased was indeed conscious, there was sufficient time and opportunity to record her statement, which would have been crucial in uncovering the circumstances surrounding the incident. The failure to do so, despite the documented conscious state of Ms. X, reflects not only gross medical negligence but also a possible suppression of key evidence that could have aided the unravelling of the truth.

21.8. Furthermore, the assessment conducted by the Medical Board constituted at the All-India Institute of Medical Sciences (AIIMS), New Delhi, a premier and impartial medical authority, lends significant weight to the appellant’s contentions. The Board, after a detailed examination of the submitted medical records and documents, found that the deceased was admitted to Venkataramana Hospital in a conscious and irritable state, with a Glasgow Coma Scale E3V2M5-Score of 10/15. The Glasgow score, which is scored between 3 and 15 (Score 3 being the worst, and Score 15 being the best) is internationally recognised as an indicator of a patient's neurological activity. A score in this range suggests that the patient was neurologically active Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024 and semi-alert, and not comatose at the time of hospital admission.22 The deceased had sustained multiple severe grade injuries, including traumatic brain injury, pneumothorax, skull fractures, and fractures of the spine, pelvis, and limbs. These findings confirm that the deceased was critically injured but was not beyond the scope of meaningful medical intervention. Importantly, the AIIMS Medical Board observed that the patient’s condition deteriorated over time, ultimately dropping to a Glasgow Coma Scale E1VTM1-Score of 3/15, suggesting that a medical or neurological failure occurred during hospitalisation. The Board explicitly stated that while it could not opine definitively on medical negligence owing to lack of access to the treating doctors and hospital infrastructure, its observations were strictly based on objective documentation.

22. The foregoing facts and circumstances, including the glaring inconsistencies in the medical 22 Teasdale, G., & Jennett, B. (1974). Assessment of coma and impaired consciousness. A practical scale. Lancet (London, England), 2(7872), 81–

84. Also See, Golden, K., Bodien, Y. G., & Giacino, J. T. (2024). Disorders of Consciousness: Classification and Taxonomy. Physical medicine and rehabilitation clinics of North America, 35(1), 15–33.