“Subject to the provisions of section 150 of this Act and to the following provisions of this section, a confirming authority shall deal with the finding or sentence of a court-martial— 1. by withholding confirmation, if of the opinion that the finding of the court-martial is unreasonable or cannot be supported, having regard to the evidence or to the fact that it involves a wrong decision on a question of law or that on any other grounds there was a miscarriage of justice; or 2. by confirming the finding or sentence; or…….. (c) by referring the finding or sentence or both for confirmation to a higher confirming authority”. 44.From the above provisions, the Court notes the following: a. The loss of a public or service property by a person subject to service is criminalized and subject to prosecution by a court martial b. Upon conviction, records of proceedings must be transmitted to the authorizing authority within 60 days of conviction c. The concerned person if in custody must be released unconditionally pending such confirmation or review. d. Even where the sentence is a term of imprisonment and therefore authorized to be detained, a confirmation must still be made. e. Where no confirmation is made, such finding or sentence shall not be treated as a finding or sentence. 45.A careful perusal of section 150 (a) of the above provision shows that a confirmation by the confirming authority can be withheld where it finds the decision of the court martial to be unreasonable, or where such finding/sentence 17

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