( 1 ) THIS revisional application is directed against the order dated 19. 10. 2006 passed by the learned Assistant Sessions Judge, 2nd Court, Hooghly in S. T. No. 10 of 2003 thereby rejecting the prosecution prayer under section 311 of the code of Criminal Procedure for holding DNA test of the victim, the accused and the male child born to the victim.

( 2 ) LEARNED Advocate for the petitioner submitted that in this case the victim was a minor and due to the alleged rape committed on her by the accused she became pregnant and gave birth to a male child who is now aged about 5 years. Concerning the incident of rape, the FIR was lodged at Polba P. S. and after investigation chargesheet was submitted. After commitment of the case to the court of Sessions, trial also progressed and the case was pending for judgment. During that stage the learned P. P. in-charge of the case filed an application under section 311 of the Code of Criminal Procedure for direction for holding the DNA test of the victim, her child and the accused. The learned Assistant sessions Judge by the impugned order dated 19. 10. 2006 rejected the said prayer.

( 3 ) ACCORDING to the submission of the learned Advocate f

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