A Delhi court has sentenced a 42-year-old man to three-year imprisonment for having an adulterous relationship with his landlord’s 25-year-old wife and fathering a child.
Additional sessions judge TR Naval, however, acquitted the man — Kamal Kapoor — and his wife of rape and extortion charges, holding the physical relation was with the woman’s consent.
Under the existing law, only a husband can bring charges of adultery against the man with whom his wife indulges in adultery and the law denies a woman the right to charge her husband with adultery. But due to social stigma, very rarely a man files an adultery case against the ‘other man’.
Interestingly, in this case, the husband of the adulterous woman did not file any case and Kapoor’s conviction for adultery was accidental.
The adulterous woman in question and her husband had filed a rape and extortion case against Kapoor and his wife, residents of Sonia Vihar in Delhi, in January, 2010. They alleged that in November 2006, Kapoor and his wife gave her sedative-laced sweet that rendered her unconscious and thereafter Kapoor raped her and threatened her not to raise an alarm else he would make public a video of the crime.
Kapoor then started having physical relations with her and fathered a child and then the couple started blackmailing her for a portion of her plot.
During the trial, it came to light that the physical relation was with the woman’s consent and without the knowledge of her husband and, therefore, the court acquitted him of rape charge.
The judge acquitted the couple of extortion charge, too, saying the defence argument seemed to be convincing that the money was paid to his clients by the woman as she wanted to conceive a child from Kapoor.
But the court held Kapoor guilty of adultery, saying there was no consent of the woman’s husband for the illicit relation.