ORDER :

Sanjay K. Agrawal, J.

1. This order will govern the disposal of I.A.No.1/2021 that has been filed in both the appeals for direction for DNA test of the appellants herein and the victim including the victim’s newly born baby.

2. The two appellants herein were tried by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act of 1989’), Raigarh, for commission of offences under Section 376-D of the IPC, Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the POCSO Act’) & Section 3(2)(v) of the Act of 1989, date of offence being 21-1-2018. During the course of trial, after closure of the prosecution evidence, application under Section 311 of the CrPC was filed which was allowed upon which the victim was re-examined and in the statement it was brought on record that on 25-11-2018, the victim has delivered a baby (male child). During the course of trial, the appellants herein filed application for conducting DNA test of themselves, the victim and the newly born baby which was rejected by the Special Judge by order dated 1-5-2019 holding that commission of the offence of gang rape