Must some plaintiff prove grossness contained by baggage of criminal negligence even when ''fact speaks for itself''?India

Suppose some surgeon by mistake forgets to remove a SWAB during operation from some patient's abdomen.
Few days after operation that forgiving dies because of sepsis & complications.
In that type of cases----''doctrine of res ipsa loquitur''---- applies very clearly.
So EVEN after the article speaks for itself ;
must some plaintiff prove GROSSNESS of negligence or
wrong intention (Mens Rea) of that doctor;
beyond all believable doubts to make him CRIMINALLY liable surrounded by India??
And if that plaintiff fails to do so will court set that doctor free from charges of criminal negligence within India?Must some plaintiff prove grossness contained by baggage of criminal negligence even when ''fact speaks for itself''?India
If the swab was gone in the belly, the surgeon is liable. However, it may not necessarily be clear that the patient died because of that. The extent of damages would depend on how clearly a create and effect relationship can be established between the swab being vanished and the subsequent sepsis and complications. For instance if the swab was gone in the tummy and the patient died of sepsis due to pneumonia, the explanation and effect relationship is not that clear.
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