J.B. Pardiwala, J.

1. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused No. 1 seeks to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Sessions Case No. 64 of 2016 pending in the Court of the learned Sessions Judge, Surat arising from a First Information Report being I-C.R. No. 49 of 2015 registered with the Umra Police Station, Surat for the offence punishable under Sections 376, 406, 420 read with 114 of the Indian Penal Code.

2. The case of the prosecution may be summarised as under:

2.1 On 26th February 2015, the respondent No. 2 herein lodged a First Information Report at the Umra Police Station, Surat. The free English translation of the same reads as under:

"DATE: 26.02.2015

I, Sapna D/o Hiranbhai Dhirubhai Desai, aged 24 years, occupation: Household, residing at: 1, Keshavpark Apartment, Arogyanagr, Athva Lines, Surat, Mobile No. 91411 35353, (Phone) 0261-2663580, do hereby lodge the present complaint that I am residing at the above-referred address along with my parents and I am doing house work. My father was working as a Section Officer with the Surat Municipality, who retired in the year 2013. I have studied upto I.T. (Diploma). I studied upto Standard 12 in the Vanita Vishram High School, Athva Gate, Surat. As I failed in the Standard - 12, I took admission in I.T. Diploma in Bhagvan Mahavir College on the basis of my passing Standard-10 in the year 2009. I studied the diploma course upto the year 2012. Thereafter, I got admission in the ICCT college in Vallabh Vidhyanagar, Anand, for B.E.I.T. Course.

Opposite to our house, Nishant Bipinbhai Trivedi is residing at 5/A, Yogi Village, Arogyanagar, along with his mother Shobhnaben and father Bipinbhai Mohanbhai Trivedi. As they are residing opposite to my house, I know them very well. I was residing in a hostel in the year 2012 when I was studying my B.E.I.T. Course with the ICCT college at Vallabh Vidhyanagar, Anand and Nishant knew this fact. Therefore, he used to often come to meet me at my hostel at Anand and we used to talk to each other for a long time and hence, our friendship culminated into love and Nishant told me that he would marry me and in October, 2012, he told me that if we go to Diu then we can think further and if I marry with her then he can explain this to them, therefore, I had shown my willingness to go to Diu. He took me to Diu from the hostel and in the Hotel, he got my name registered as his wife and in the room of the hotel, he told me that he would like to marry me. He further stated that he had no brother or a sister. He also stated that he had considerable ancestral property and his father is the owner of Vijay Petrol Pump at Kamrej and Vijay Palance Hotel. He assured me that he would obtain licence in my name to run another petrol pump. He told me that he is a Brahmin and I being Anavil Desai, the society would accept me and he would also persuade his parents. He allured me by saying that he would give all rights as of a wife to me and he would buy all materialistic articles for my convenience and tried to enter into intercourse with me. At that time, I told him that we should first get married and thereafter I would devote myself to him. He told that he is a worshiper of Lord Shiva and he sworn and accepted me as his wife. He told that he would get married with me and thereby he gave me assurance and thereafter, he indulged in intercourse with me against my will. We stayed in the said hotel for four days and during this entire period; he had intercourse with me against my will. Thereafter, he dropped me at the hostel of Vidhyanagar college.

On 30.11.2012, Nishant again came to the Hostel of Vidhyanagar college and asked me to accompany him to Abu Ambaji and told that if I would find it convenient, then we would get married there. Upon saying so he took me to Abu Ambaji from the hostel and before the idol of Ambaji Mata, he took his Ja