ENACTMENT NO. 8 OF 1982
THE ADMINISTRATION OF THE RELIGION OF ISLAM AND,
THE MALAY CUSTOM OF PAHANG ENACTMENT 1982


PART X - PROCEDURE IN CRIMINAL PROCEEDINGS



Section 210. Procedure for appeal in criminal cases.

(1) Any party dissatisfied with the decision of any Court of a Kadi or the Kadi Besar may appeal to the Court of Appeal by filing a notice of appeal in the Court which made the decision within ten days from the date of such decision. The notice shall state precisely the matters to be appealed upon and addressed to the Court of Appeal.

(2) The Notice of Appeal shall be filed in five copies and they shall contain the address of the appellant and that of his counsel if any and the address of the respondent and that of his counsel if any.

(3) Upon filing such notice in a particular Court, filing fees shall be paid but no such fees shall be imposed in respect of a notice filed by a Religious Prosecutor.

(4) Upon receipt of the notice of appeal the Court receiving it shall forward three copies of it to the Court of Appeal and one copy to the respondent and shall prepare the grounds of decision on the case to be signed by the officer who made the decision.

(5) The grounds of decision shall be sent to the appellant by registered post. Within ten days from the date of its receipt, the appellant shall lodge at the Court where the decision was made in five copies his petition of appeal containing his grounds of appeal.

(6) Upon receipt of the Petition of Appeal, the Court shall prepare five copies of Record of Appeal each containing a copy of the charge-sheet, a copy Notice of Appeal, a copy of Grounds of Judgment, a copy of Petition of Appeal and a copy of Notes of Evidence together with a copy of the list of exhibits. Every copy of the Record of Appeal shall contain certificate of the Court stating that the copy is a certified true copy and sealed with the seal of the Court.

(7) Three copies of the Record of Appeal shall be sent to the Court of Appeal, a copy to the appellant and a copy to the respondent.

(8) When the Record of Appeal is received by the Court of Appeal, the Court shall fix the date of hearing of the appeal and inform both parties in the case as to the date and place of the hearing of the appeal.

(9) If the Petition of Appeal is not lodged within the period specified in subsection (5), the appeal shall be presumed to have been withdrawn and the Court hearing the case shall direct the sentence, if not already executed, to be carried out.




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