( 1 ) THE applicant lias challenged his conviction on the sole ground that he was not charged as a previous convict in compliance with the provisions of Section 221 (7), Cr. P. C.

( 2 ) ALL that is laid down in Section 221 (7) of the Code is that: if the accused having been previously convicted of any offence, is liable by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge. The applicant was tried for an offence of 380, I. P. C. which is punishable with an imprisonment for seven years. He was tried before a Magistrate who could inflict an imprisonment extending to two years only. Under Section 75 of the Penal Code, whoever having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Penal Code with imprisonment for a term of three years or upwards is guilty of an offence punishable under either of those Chapters with like imprisonme