“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
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