ENACTMENT NO. 5 OF 1956
ADMINISTRATION OF THE LAW OF THE RELIGION OF ISLAM ENACTMENT 1956

PART III - RELIGIOUS COURTS JURISDICTION
Procedure in Criminal Proceedings



Section 64. Appeal.

(1) Subject to the provisions of sub-section (1) of section 38 of this Enactment any person who is dissatisfied with any judgment, sentence or order pronounced by a Court in any criminal proceedings under this Enactment to which he is party may prefer an appeal to the Religious Appeal Court.

(2) Such appear shall be brought by filing, in the Court which passed the judgment appealed from, a petition of appeal addressed to the Religious Appeal Court 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 judgment was given, unless on application to the Religious Appeal Court 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 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 Religious Appeal Court selected by him for the hearing of such appeal.

(5) The Religious Appeal Court 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 Religious Appeal Court shall hear the appellant, and, the respondent to the appeal and may then make such order in accordance with sub-section (4) of section 38 of this Enactment, as it shall consider appropriate.




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