ENACTMENT No. 3 Of 1989 SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988
PART V - OF APPEAL AND REVISION Chapter XVII - OF APPEALS TO THE MAHKAMAH RAYUAN
Section 140. Procedure for appeal.
(1) Subject to the provisions of sections 138 and 139 any person who is dissatisfied with any judgement, sentence or order pronounced by any court of a Kadi in a criminal case or matter to which he is a party may prefer an appeal to the Mahkamah Rayuan against such judgement, 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 inadequancy of any sentence by lodging, within fourteen days from the time of such judgement, sentence or order being passed or made, with the clerk of such court of Kadi a notice of appeal in triplicate addressed to the Mahkamah Rayuan and by paying at the same time the prescribed appeal fee if any.
(2) Every notice of appeal shall contain an address at which notices or documents connected with the appeal may be served upon the appellant or upon his advocate.
(3) When a notice of appeal has been lodged the 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 advocate 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 fourteen days after the copy of the grounds of decision has been served as in the last preceding subsection provided, the appellant shall lodge with the clerk of the court of Kadi at which the trial was held a petition of appeal in triplicate addressed to the Mahkamah Rayuan.
(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 Kadi at his trial he shall lodge his petition of appeal as provided in sub-section (4)-
(a) within the period provided by such sub-section; or
(b) within a period of fourteen days from the date when a notice is left at his address for service specified in sub-section (2) that a copy of the notes of evidence can be had free of charge, whichever period shall be the longer.
(6) Every petition of appeal shall state shortly the substance of the judgment appealed against and shall contain definite particulars of the points of law or of fact in regard to which the court appealed from is alleged to have erred.
(7) (a) if the appellant is in prison he shall be deemed to have complied with the requirement of this section if he gives to the officer in charge of the prison either orally or in writing notice of 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;
(b) such officer shall forthwith forward such notice and petition or the purport thereof together with the appeal fee to the clerk of the court of Kadi at which the trial was held.
(8) In the case of an appeal by the Pengarah Pendakwa or by any Pegawai Majlis expressly authorised in writing by the Pengarah Pendakwa no fee shall be payable.
(9) 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 any stay of execution has been granted, but nothing herein contained shall be deemed to limit to or restrict the power conferred upon the Mahkamah Rayuan by section 142.