NEW DELHI, May 23:
A Delhi court has sentenced a 42-year-old man to three years in jail for extra-marital relation with his landlord’s wife.
Additional Sessions Judge T R Naval, however, acquitted Kamal Kapoor and his wife of the charges of rape and extortion saying that physical relation was established with the woman’s consent and a child was born of the illicit relation.
Kapoor, a resident of Delhi’s Sonia Vihar, was a tenant at the house of the 25-year-old woman who had lodged a rape and extortion case against him and his wife in January, 2010.
The woman had alleged that in November 2006, Kapoor and his wife had given her sedative-laced sweet that rendered her unconscious.
She also alleged that when she regained consciousness, she realised that she was raped by Kapoor who threatened her not to raise an alarm else he would make public a video which he had made while committing the crime.
Kapoor then started to have physical relation forcibly and later she became pregnant with his child, the woman said.
The couple then started blackmailing and demanding money and a portion of her land after she gave birth to the child, she alleged. Unable to meet their extortion demands, the woman approached the police.
During the trial, Kapoor told the court that it was the woman who had asked to establish physical relation with her as her husband was impotent. He also said he had tried to convince the woman not to indulge in extra-marital affair but she insisted on and it was consensual from both sides.
He also alleged when his wife came to know about their relation, she asked him not to accede to the woman’s request in future and thereafter, the woman lodged a false rape case against them.
The court noted that the woman, in her cross-examination, accepted that her husband used to beat her and threatened to throw her out of the house if she did not conceive.
Later, she told her husband that it was Kapoor’s child and admitted there was a ‘written contract’ between her and the two accused that she would give them a portion of her plot and Rs one lakh if she conceived, the judge noted.
The judge acquitted the couple of extortion charge, saying the defence counsel’s arguments seemed to be convincing that the money was paid to his clients by the woman as she wanted to conceive a child from Kapoor.
Holding Kapoor guilty of adultery, it said there was no consent of the woman’s husband for the illicit relation.
“Neither it was pleaded nor there is cross-examination of the woman’s husband that he either gave his consent or he was in connivance with his wife for conceiving a child from Kapoor. Thus, husband of the woman was totally unaware about the relationship between his wife and Kapoor,” the judge said. (PTI)
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