ENACTMENT NO. 10 OF 1993
SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993

PART V - APPEAL AND REVISION
CHAPTER XVI - APPEAL TO SYARIAH HIGH COURT



Section 134. Procedure of appeal.

(1) Subject to the provisions of sections 132 and 133, any person who is dissatisfied with any judgment, sentence or order pronounced by any Syariah Lower Court in a criminal case or matter to which he is a party, may prefer an appeal to the Syariah High Court against such judgment, sentence or order in respect of any error in law or in fact or on the ground of the alleged excessive severity or of the alleged inadequacy of any sentence, by lodging, within thirty days from the time of such judgment, sentence or order being passed or made, with the Registrar of such Syariah Lower Court a notice of appeal in five copies addresed to the Syariah High Court.

(2) Every notice of appeal shall contain an address at which any notices or documents connected with the appeal may be served upon the appellant or upon his Peguam Syarie.

(3) When a notice of appeal has been lodged thec Court appealed from shall make a signed copy of the grounds of decision in the case and cause the same to be served upon the appellant or his Peguam Syarie by leaving the said copy at the address mentioned in the notice of appeal or by posting it by registered post addressed to the appellant at the said address.

(4) Within ten days after the copy of the grounds of decision has been served as in subsection (3), the appellant shall lodge with the Registrar of the Syariah Lower Court at which the trial was held a petition of appeal in five copies addressed to the Syariah High Court.

(5) If the appellant within the period provided in subsection (1) for lodging his notice of appeal has applied for a copy of the notes of the evidence recorded by the Judge at his trial, he shall lodge his petition of appeal as provided in subsection (4) -

whichever period shall be the longer.

(6) Every petition of appeal shall state shortly the substance of the decision appealed against, and shall contain definite particulars of the points of law or of fact in regard to which the Court appealed and is alleged to have erred.

(7) (a) If the appellant is in prison, he shall be deemed to have complied with the requirements of this section if he gives to the officer in charge of the prison either orally or in writing notice of the appeal and the particulars required to be included in the petition of appeal within the time prescribed by this section and pays the prescribed appeal fee.


(8) If a petition of appeal is not lodged within the time prescribed by this section, the appeal shall be deemed to have been withdrawn and the trial Court shall enforce its sentence or order if the stay of execution has been granted, but nothing herein contained shall be deemed to limit or restrict the power conferred upon the Judge of the Syariah High Court by section 136.




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