KAMAL KAPOOR vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11th May, 2026 IN THE MATTER OF: + CRL.A. 844/2013 KAMAL KAPOOR .....Appellant Through: Mr. Satish Sharma, Adv. versus STATE .....Respondent Through: Mr.Satinder Singh Bawa, APP for State with IO SI Urvashi PS Sonia Vihar. CORAM: HON'BLE MR. JUSTICE VIMAL KUMAR YADAV JUDGMENT (ORAL) VIMAL KUMAR YADAV, J. 1. The Mahabharata era ‘Niyog Pratha’ resurfaced in the modern times in its new avatar. The Niyog Pratha in Mahabharata era was a socio- religious practice which was used when a man dies childless or was unable to procreate children. In this pratha / custom a married woman with the consent of her husband / family appoints a man to conceive a child with the sole purpose of continuation of lineage. It was restricted to procreation only and was not for marriage or any other relationship. 2. Relationship established in ‘Niyog Pratha’ ends once the purpose was evolved. There are several examples in Mahabharata era where this Niyog Pratha was put into use. Incidentally in the modern times also a similar Signature Not Verified Signed By:PRIYA CRL.A. 844/2013 Page 1 of 4 Signing Date:14.05.2026 12:49:01 custom is prevalent in various communities in the world. 3. In the instant case also some sort of similar arrangement was worked out between the Complainant side and the Appellant, whereby the victim reportedly agreed rather invited the Appellant to impregnate the prosecutrix since the husband of the prosecutrix was not virile enough. Some sort of contract, though oral, was there, as has come during the evidence but something on the way went wrong which resulted into the registration of the instant FIR No. 112/2010 under Section 376, 378, 506 read with Section 34 Indian Penal Code (IPC) in which the wife of the Appellan