Lakheswar Bezbaruah v. the State of Assam and Anr.

Gauhati HC12 May 2026I.A.(Crl.)/279/2024

Case brief

AI extract

What is this about?

Gauhati High Court; I.A.(Crl.)/279/2024; Linked Case Crl.A./80/2024; Section 430 BNSS suspension of sentence; Section 6 POCSO conviction; aggravated penetrative sexual assault; DNA test DNA mismatch paternity; victim credibility; bail pending appeal; bail bond Rs.30,000 one surety; Special (POCSO) Case No.21/2022; Sessions Judge-cum-Special Judge (POCSO) Biswanath Chariali; Judgment & Order dated 20.01.2024; Lakheswar Bezbaruah; State of Assam; Phulsan Gorh; Amicus Curiae Dr. P. Agarwal; M. Zothankhuma, J; Sanjeev Kumar Sharma, J.

What did the court decide?

Bail granted to the applicant-appellant on a bail bond of Rs.30,000/- with one surety of like amount to the satisfaction of the learned Trial Court; sentence under the impugned Judgment suspended till final disposal of appeal Crl.A./80/2024. ¶¶30

Lakheswar Bezbaruah Vs the State of Assam and… — Child Sexual Offences (POCSO) | Gauhati HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant-appellant, convicted under Section 6 of the POCSO Act, has made out a case for grant of bail and suspension of sentence under Section 430 BNSS pending disposal of appeal Crl.A./80/2024, in view of the DNA report showing that the victim's first born child was not fathered by him.

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Court's answer

The DNA report shows that the victim's first born child has not been fathered by the applicant-appellant, leaving a question mark as to the credibility of the victim's evidence.

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Ratio / Principle

On consideration of the DNA mismatch, the applicant-appellant has made out a case for grant of bail; bail is granted on a bail bond of Rs.30,000/- with one surety of like amount, and the sentence imposed by the impugned Judgment shall remain suspended till final disposal of the appeal.

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Detailed headnote1 paragraphs

Gauhati High Court (order signed by M. Zothankhuma, J; bench with Sanjeev Kumar Sharma, J) disposed of I.A.(Crl.)/279/2024 under Section 430 BNSS, moved by Lakheswar Bezbaruah, applicant-appellant in linked appeal Crl.A./80/2024, who stood convicted under Section 6 of the POCSO Act by the learned Sessions Judge-cum-Special Judge (POCSO), Biswanath Chariali, in Special (POCSO) Case No.21/2022 vide Judgment & Order dated 20.01.2024. A DNA test on the applicant-appellant and the victim's first born child showed that their DNA did not match, leaving a question mark on the credibility of the victim's evidence. Holding that the applicant had made out a case for grant of bail, the Court granted bail on a bail bond of Rs.30,000/- with one surety of like amount and directed that the sentence under the impugned Judgment remain suspended till final disposal of the appeal. No precedent was cited.

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GAHC010052212024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Crl.)/279/2024

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LAKHESWAR BEZBARUAH

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S/O LATE GHANA BEZBARUAH, R/O BIJOYPUR, P.O.- CHENGAMARI, SOOTEA, PIN- 784175, DIST.- BISWANATH (ASSAM).

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VERSUS

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THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM.

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2:PHULSAN GORH R/O VILL.- NO. 2 DIPLONGA GOURIPUR P.O.- CHENGAMARI PIN- 784175 P.S.- SOOTEA DIST.- BISWANATH (ASSAM)

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Advocate for the Petitioner : MR. N BORAH, MR M.J. BHARALI

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Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, (AMICUS CURIAE, R2)

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Linked Case : Crl.A./80/2024

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LAKHESWAR BEZBARUAH S/O LATE GHANA BEZBARUAH

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R/O BIJOYPUR P.O.- CHENGAMARI SOOTEA PIN- 784175

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DIST.- BISWANATH (ASSAM).

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VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P. ASSAM. 2:PHULSAN GORH R/O VILL.- NO. 2 DIPLONGA GOURIPUR P.O.- CHENGAMARI PIN- 784175 P.S.- SOOTEA DIST.- BISWANATH (ASSAM). -----------Advocate for : MR. N BORAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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Date : 13-05-2026 (M. Zothankhuma, J)

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Heard Mr. N. Borah, learned counsel for the applicant-appellant. Also heard Mr. R.R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent and Dr. P. Agarwal, learned Amicus Curiae for the respondent No.2.

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The applicant-appellant has been convicted under Section 6 of the POCSO Act, on the evidence given by the victim that due to the aggravated penetrative sexual assault inflicted upon her by the applicant, a child was born to her.

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A DNA test had been conducted upon the applicant-appellant and the first born child of the victim. The DNA report shows that the DNA of the child of the

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victim and the applicant does not match.

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In that view of the matter, it appears that the victim’s first born child has not been fathered by the applicant-appellant, leaving a question mark as to the credibility of the evidence of the victim.

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On considering the same in relation to the present application under Section 430 BNSS for suspension of the sentence imposed upon the applicantappellant, pursuant to the impugned Judgment & Order dated 20.01.2024, passed by the learned Sessions Judge-cum-Special Judge (POCSO), Biswanath Chariali in Special (POCSO) Case No.21/2022, we are of the view that the applicant-appellant has made out a case for grant of bail.

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Accordingly, the applicant-appellant is granted bail on furnishing a bail bond of Rs.30,000/-, with one surety of like amount to the satisfaction of the learned Trial Court. Consequently, the sentence to be undergone by the applicant-appellant pursuant to the impugned Judgment shall remain suspended till final disposal of the appeal.

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The I.A is accordingly disposed of.

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JUDGE JUDGE

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Comparing Assistant

Lakheswar Bezbaruah v. the State of Assam and Anr.

Case brief

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Lakheswar Bezbaruah v. the State of Assam and Anr.

Case brief

What is this about?

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Why is it important?

What the court decided

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