Syariah Courts Criminal Procedure Code · s 253

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s 253Alternative offence

(1)

This section applies on an appeal against conviction, where the appellant has been convicted of an offence and the Syar'ie Judge could have found him guilty of some other offence. and on the finding of the Syar'ie

Sjlariah Courts

Crin~inal Procedure Code

CAP. 224 143

Judge it appears to the Syariah Appeal Court that the Syar-ie Judge must have been satisfied of facts which proved the appellant guilty of the other offence.

(2)

The Syariah Appeal Court may, instead of allowing or dismissing

.the appeal, substitute for the verdict found by the Syar'ie Judge a verdict of guilty of the other offence-and pass such sentence in substitution for the a sentence passed at the trial as may be authorised by law for the other offence.