ENACTMENT NO. 1 OF 1966
SHAR'IYAH COURTS AND MUSLIM MATRIMONIAL CAUSES ENACTMENT, 1966

PART II - RELIGIOUS COURTS
PROCEDURE IN CRIMINAL PROCEEDINGS



Section 36. Appeal.

(1) Subject to the provision of sub-section 1 (a) of section 10 of this Enactment, any person who is dissatisfied with an judgment, sentence or order pronounced by a Court in any criminal proceeding under this Enactment to which he is a party may refer an appeal to the Juma'ah Pengadilan canstituted under section 10 of this Enactment.

(2) Such appeal to Juma'ah Pengadilan shall be brought by filing, in the Court which passed the judgment appealed from, a petition of appeal adressed to the Chairman of Juma'ah Pengadilan 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.

(3) On receiving such a petition, the Court shall prepare and forward in quadruplicate to Chairman of Juma'ah Pengadilan, 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 document referred to in preceding sub-section of this section, the Chairman of Juma'ah Pengadilan shall then fix a date for hearing the appeal and shall notify the parties of the date upon which and the place where such appeal shall be heard.




Copyright © PNMB-LawNet. All rights reserved.