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Learned counsel for the appellant relying upon the judgement of Apex Court in Bibhishan Vs. State of Maharashtra; 2007 (59) ACC 832 (SC) submitted that in this case, the Apex Court observed that the courts while deciding the cases of Section 376 IPC should bear in mind that false charges of rape are not uncommon and on the strength of this, he submitted that this appeal is liable to be allowed.

It has been submitted by learned A.G.A. that the findings recorded by the trial court are based on material and evidence on record and there is no illegality in the findings recorded by the trial court. It has also been submitted that it is the case of rape with a minor girl, who was less than 12 years of age at the time of offence, hence, the provisions of Section 114-A of the Evidence Act would be attracted as the case falls under Section 376 (2) (f) IPC and in view of above, the question of consent cannot be considered in this case. It has further been submitted that there is no reason to falsely implicate the appellant as nobody could involved his minor daughter in such a case. So far as the question of consent of the victim is concerned, the prosecutrix was aged about 7-8 years at the time of offence, hence such question become insignificant. On the basis of material available on record and evidence adduced by the prosecution, the necessary ingredients of Section 375 IPC are available hence, conviction was rightly recorded.