(1)When a confirming authority receives the record of the proceedings of a court, it shall record its decision thereon and on any sentence and any order which the court may have made under section 127 on the record of the proceedings in the form set out in Appendix-X and such record of his decision shall form part of the record of the proceedings.(2)When a court has accepted a plea of guilty made under rule 85 the confirming authority may confirm its finding notwithstanding that the court has accepted the plea without the concurrence of the convening authority, if, in the opinion of the confirming authority, it is in the interest of justice to do so.(3)(a)When a court has rejected a plea to the jurisdiction of the court or a plea in bar of trial or has over-ruled an objection to a charge, it shall not be necessary for the confirming authority to approve specifically the decision of the court, but its approval shall be implied from its confirming the finding on the charge to which the plea or objection relates.(b)where it disapproves the decision of the court to reject the plea or to over rule the objection it shall withhold confirmation of the finding on the charge to which the plea or objection relates.(4)A confirming authority may state its reasons for withholding confirmation in any case, but if it withholds confirmation where a court has rejected a plea to the jurisdiction or plea in bar of trial or has over ruled an objection to the charges because it disapproves this decision of the court, it shall record its decision under sub-rule (1) stating the reasons for withholding its confirmation.(5)Where the sentence of court is improperly expressed, the confirming authority may, in confirming the sentence, vary the form thereof so that it shall be properly expressed; and if the punishment awarded by the sentence is in excess of the punishment authorised by law, the confirming authority may vary the sentence so that the sentence shall not be in excess of the punishment authorised by law; and the confirming authority may confirm the finding and the sentence, as so varied, of the court.(6)Whenever it appears that there is sufficient evidence on a plea of guilty under either sub-rule (1) or sub-rule (2) of rule 85 to justify the finding of the court, such finding and any lawful sentence consequent thereon may be confirmed and if confirmed shall be valid, notwithstanding any deviation from these rules if the accused has not been prejudiced by such deviation.(7)The confirming authority may reserve confirmation to superior authority if so required owing to such restrictions, reservations or conditions as contained in warrant issued under section 132.
