JUDGMENT :

1. This Criminal Revision under Section 397 of CrPC has been filed against the order dated 03/03/2021 passed by 6th Additional Sessions Judge, Gwalior in Sessions Trial No.545/2017, by which the Trial Court has directed for conducting DNA Test.

2. The necessary facts for disposal of present revision in short are that the applicant is facing trial for offence under Sections 376, 376-A, 376(2)(n), 506, 454 of IPC. After the defence evidence was closed and the case was fixed for final arguments, the Trial Court found that as per the FSL report (ExB), human sperm and semen were found on the undergarments of the prosecutrix. Accordingly, the Trial Court, in the light of the direction given by a Coordinate Bench of this Court (Principal Bench) in the case of Raja Burman @ Rahu vs. The State of Madhya Pradesh by order dated 4th May, 2016 passed in MCRC 6476/2016, came to a conclusion that it would be necessary for the just decision of the Court that the DNA of the applicant may be compared with the DNA in the human sperm and semen found on the undergarments of the prosecutrix.

3. Challenging the order passed by the Court below, it is submitted by the Counsel for the applicant th