(Chapter VIIJ.—Courts-martial.) [ACT V]II it to have been stolen or dithonestly misappropriated or converted, may be found guilty of any other of these offences with which he might have been charged. (4) A person’ charged before a court-martial with an offence punishable under section 41 or section 42 may be found guilty of any other offence of which he might have been found guilty if the provisions of the Code of Criminal Procedure 1698, v of 1898. were applicable. (5) A person charged before a court-martial with any other offence under this Aot may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment. 87. No sentence of death shall be passed by any court-martial without the concurrence of two-thirds at the least of the members of the court. Evidence be/ore Courts-martial. General rule 88. The Indian Evidence Act, 1872, shall, I o 1872; to evidence, subject to the provisions of this Act, apply to all proceedings before a -court-martial. Judicial 89. A court-martial may take judicial notice of notice. - any matter within the general military knowledge. of the members. Presumption 90. In any proceeding under this Act, any applii r cation, certificate, warrant, reply or other document purporting to be signed by an officer in the civil or military service of the Government shall, on pro- - duction, be presumed to have been duly signed by the person and in the character by whom and n which it purports to have been signed, until the contrary- is shown. 91. Any enrolment paper purporting - to be signed by an enrolling officer sall, in proceedings unctei i Army. Majority icqoisite to sentence of death. Enrolment paper.
