ENACTMENT NO 4 OF 1955
ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1955 (1374H)

PART IV - RELIGIOUS COURTS
Procedure in Criminal Matters



Section 51. Appeal.

(1) Subject to the provisions of section 26 (1) (a) of this Enactment any person who is dissatisfied with any judgment, sentence or order pronounced by a Court of the Chief Kathi or of a Kathi in any criminal proceedings under this Enactment to which he is party may prefer an appeal to the Appeal Committee constituted under section 26 of this Enactment.

(2) Such appeal shall be brought by filing, in the Court which passed the judgment appealed from, a petition of appeal addressed to the Appeal Committee setting forth particulars of the judgment complained of, whether the appeal is against conviction or sentence or both, and the grounds of appeal, and by paying the prescribed fee, if any. Such petition shall be filed not more than fourteen days after the judgment was given, unless on application to the Appeal Committee such period of fourteen days is extended.

(3) On receiving such a petition, the Court shall prepare and forward in quadruplicate to the President a record containing a copy of the petition, a copy of the charge and of the sanction to prosecute, if any, a copy of the Court’s note of the proceedings, copies of any relevant exhibits, and a copy of the Court’s judgment or order and grounds of judgment. Each copy of the record shall be certified as correct by the presiding officer of the Court and sealed. The appellant shall be entitled to receive a copy of the record on payment of the prescribed fee, if any, and the Court shall, without payment, send a copy thereof to the prosecutor, who shall appear as respondent to the appeal.

(4) On receiving copies of the documents referred to in the preceding sub-section of this section the President shall submit them to the a Appeal Committee selected by him for the hearing of such appeal.

(5) The Appeal Committee shall then fix a date for hearing the appeal and shall notify the parties of the date upon which and place where such appeal shall be heard.

(6) On the appeal coming on for hearing the Appeal Committee shall hear the appellant, and, if it considers necessary, the respondent to the appeal and may then make sure order in accordance with section 26 (4) (a) of this Enactment as it shall consider appropriate.




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