Section 125
Address
of Syariah Courts Criminal Procedure Code
In trials under this Chapter -
(u)
the prosecutor conductiilg the prosecution may open .the case by stating briefly the nature of the offence charged and the evidence by which he proposes to prove the guilt of the accused or he may forthwith produce his evidence;
(b)
when the accused is called upon to enter on his defence. he or his representative may, before producing his evidence, open his case by stating the facts or law on which he intends to rely and make such comments as he thinks necessary on the evidence for the prosecution, and if the accused gives evidence or witnesses are examined on his behalf, he may sum up his case;
(c)
the prosecutor conducting the prosecution shall have the right of reply on the whole case whether the accused adduces his evidence or not.
Power to award compensation 126.
(1)
If in any case the Syariah Court acquits the accused and is of opinion that the complaint, information or charge was frivolous or vexatious, it may, in its discretion, either on the application of the accused or of its own motion. order the complainant or the person on whose information the complaint or charge was made to pay to the accused, or to each or any of the accused where there are more than one, such compensation not exceeding 6 1.000, as the Syariah Court thinks fit:
Provided that the Syariah Court -
(a)
shall record and consider any objection which the complainant or informant may urge against the order; and
(b)
shall record its reasons for making such order.
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(2)
The sum so awarded shall be recoverable as if it were a fine, provided that if it cannot be realised. the imprisonment awarded in lieu thereof shall not exceed 30 days.
(3)
At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Syariah Court shall take into account any sum paid or recovered as compensation under this subsection on proof of the same.
Particulars to be recorded 127.
(1)
In proceedings under this Chapter, the Syariah Court shall keep a record of the particulars of each case. so far as practicable, as follows -
(a)
the following particulars shall be kept by the Syariah Court officer under the direction of the Syar'ie Judge -
(i)
the serial number;
(ii)
the date of the commission of the offence;
(iii)
the date of the complaint, if any;
(iv)
the name, age, gender, residence and nationality or race of the complainant, if any;
(v)
the name, age, gender, residence and nationality or race of the accused;
(vi)
the offence of which he is accused. the offence, if any, proved, and the value of the property in respect of which the offence has been committed;
(vii)
the date of the issue of the summons or warrant and the return date of the summons, if any, or the day on which the accused was first arrested;
(viii)
the sentence or final order;
(b)
the following particulars shall be kept by the Syar'ie
Judge -
(i)
the ikrar of guilt of the accused and his examination, if any;
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Crin~inul Procedure Code
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(ii)
the date when the accused first appeared or was brought before the Syariah Court;
(iii)
the name of the prosecutor conducting the prosecutioil and the name of the Syar'ie Lawyer representing the accused, if any;
(iv)
the date of each adjournment or postponement and the date to which such adjournment or postponement was made and the grounds of making the same;
(v)
the date on which the proceedings terminated;
(vi)
the finding:
(vii)
the sentence or final order, including the order, if any, made with regard to any exhibits or property produced in connection with the case;
(viii)
the evidence of the accused and witnesses;
(ix)
a list of the exhibits;
(x)
when a petition of appeal has been lodged, the grounds of the decision or the judgment if written.
(2)
The record shall be authenticated by the signature of the presiding officer of the Syariah Court, and shall be filed as the Chief Syari'e
Judge may determine.
Transfer of cases 128.
(1)
In any trial before a Syariah Subordinate Court Judge in which it appears at any stage of the proceedings that from any cause any case is one which, in the opinion of the Syariah Subordinate Court Judge, ought to be tried by a Syariah High Court, the Syariah Subordinate Court Judge shall stay proceedings in respect of such case and transfer such case to such
Syariah High Court and shall record such order on the proceedings.
(2)
In any trial before a Syariah Subordinate Court Judge in which at any stage of the proceedings it appears to the Chief Syar'ie Prosecutor that from any cause any case is one which ought to be tried by a Syariah High
Court, the Chief Syar'ie Prosecutor may apply to such Syariah Subordinate
Court Judge to stay proceedings in respect of such case and to transfer such case to such Syariah High Court and such Syariah Subordinate Court Judge shall record and rule on the application.
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Criminal Procedure Code