law: Code of Criminal Procedure Act, 1973
  
  248.Acquittal or conviction.-
  (1) If, in any case under this Chapter in
  
  which a charge has been framed, the Magistrate finds the accused not guilty, he
  
  shall record an order of acquittal.
  (2) Where, in any case under this Chapter, the Magistrate finds the accused
  
  guilty, but does not proceed in accordance with the provisions of section 325
  
  or section 360, he shall, after hearing the accused on the question of
  
  sentence, pass sentence upon him according to law.
  (3) Where, in any case under this Chapter, a previous conviction is charged under
  
  the provisions of sub-section (7) of section 211 and the accused does not admit
  
  that he has been previously convicted as alleged in the charge, the Magistrate
  
  may, after he has convicted the said accused, take evidence in respect of the
  
  alleged previous conviction, and shall record a finding thereon:
  
  Provided that no such charge shall be read out by the Magistrate no
  
  shall the accused be asked to plead thereto no shall the previous conviction be
  
  referred to by the prosecution or in any evidence adduced by it, unless and
  
  until the accused has been convicted under sub-section (2).