The Supreme Court on Monday refused to grant relief to politician John Fernandes, accused of raping a Russian girl, forcing him to withdraw his plea for anticipatory bail.
Fernandes’s counsel, advocate U.U. Lalit, withdrew the petition after sensing the court’s mood that wasn’t in favour of accepting Fernandes’s plea and threatened to dismiss it.
Apprehending that a order (giving reasons behind the dismissal) might affect his case later, Fernandes sought permission to withdraw the case.
Fernandes, a politician from Goa, approached the court against the December 16 order by the Bombay High Court cancelling his anticipatory bail.
He claimed before the court that he was being framed and sought to defend himself by pointing out the discrepancies in the victim’s statements.
The SC bench asked Fernandes’s counsel to explain how the victim received 13 injuries on her body, including the thighs.
When the counsel said that the injuries were only on those parts that aren’t covered and not on the victim’s private parts, the bench retorted: “How can you make such a statement? Just because she is a Russian you can’t say that the thighs were not covered.”
The advocate replied: “I am making the statement on the basis of what she told the police.”
He also tried to support his case on the basis of the victim’s statements that were contrary to the statement by her friend.
The lawyer further claimed that the victim’s first statement spoke about an attempt while the second accused his client of a forced sexual intercourse.
The bench said: “Assuming there was no intercourse, there was an attempt? And this is proven by the injuries... Also, she is a Russian girl. Why would she implicate you in a rape case?”
Fernandes is accused of raping the girl on December 1, 2009. The victim alleged that Fernandes raped her after spiking her drink.