Forensic evidence taken from the baby of the 10-year-old girl who was raped has matched a DNA sample taken from one of the victim’s maternal uncles, Chandigarh Police told the court on Monday, The Indian Express reported. Forensic reports had shown that the DNA of the baby did not match with that of the girl’s first uncle last month.

Police had initially suspected the elder of the two brothers to be the baby’s biological father. The second uncle was arrested on September 19 after the girl named him during a counselling session. Both the men are in police custody.

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The case will come up for hearing in the court of Additional District and Sessions Judge Poonam Joshi later on Tuesday.

Police will now file charges of rape against the second uncle, Chandigarh Senior Superintendent of Police Neelambari Vijay told BBC.

The 10-year-old became pregnant after she was raped multiple times, and delivered a baby at a hospital in Chandigarh on August 17 after the Supreme Court denied her abortion plea at 32 weeks on July 28. Indian law allows abortion of foetuses up to 20 weeks old, but courts can make exceptions in case abnormalities are detected in the foetus or if going through with the pregnancy would put the mother’s life in danger.