Justice F M Reis passed the order after hearing the arguments of advocates representing both sides.
Public prosecutor Carlos Ferreira argued that there is a prima facie case against the accused. The trial court failed to appreciate the evidence of the victim and is required to be reconsidered, he told the court.
Fernandes’ counsel, Advocate Amit Palekar, objected to admitting the appeal and argued that the trial court had passed the orders after going through the entire evidence on record.
On October 24, 2011, the district and sessions court, Margao, had acquitted Fernandes of allegedly raping a 25-year-old Russian tourist. He had surrendered before crime branch on January 6, 2010. The police had registered the case under Section 376 and Section 201 of the Indian Penal Code for rape and destruction of evidence.
As per the charge-sheet filed by the crime branch, Fernandes had raped the Russian woman on December 1, 2009, in his car, after he offered her a lift from the Colva beach to her room in Benaulim.