This Crl.M.C. has been filed by Sisu Bhavan, Sisters of Nazareth, which is an Orphanage recognized as per Annexure A certificate issued by the Central Adoption Resource Agency, Ministry of Social Justice and Empowerment, Government of India for submission of applications to competent Courts for declaration of foreigners as guardians of Indian children under the Guardians and Wards Act, 1890.

2. Taking the cue from the prosecution allegation in S.C. 41 of 2007 pending before the Addl. Sessions Court (Adhoc-I), Kottayam to the effect that a child was born pursuant to the commission of the offence of rape on the 28 year old victim by the accused (Joy Yohannan) and punishable under Sec. 376 I.P.C., the accused filed Crl.M.P. 1405 of 2007 before the trial court at the stage of defence evidence for a direction to the person in custody of the child to produce the child before the Director of Rajeev Gandhi Centre for Bio-Technology, Thiruvananthapuram for the purpose of subjecting the child as well as the victim and the accused to a DNA test. As per order dated 20-8-2007 the learned Addl. Sessions Judge allowed the application and issued a direction to the petitioner herein namel