JUDGMENT : 1. Leave granted. 2. The appellant has been convicted under Section 161 Indian Penal Code, 1860 Sections 5(2) and 5(1)(d) of the Prevention of Corruption Act, 1947. The said conviction and appeal having been affirmed by the High Court, the appellant has approached this Court. It is brought to our notice that the necessary ingredients constituting the offence, as was brought in evidence by the prosecution had not been put to the accused while examining him under Section 313 Criminal Procedure Code. 3. The learned counsel appearing for the appellant states that this has grossly prejudiced the accused and, therefore, the matter should be relegated to that stage. 4. The learned counsel appearing for the State fairly concedes to the aforesaid position. In that view of the matter, we set aside the impugned judgment of the High Court as well as that of the learned Special Judge and direct that the accused be examined under Section 313 Criminal Procedure Code afresh and all the necessary evidence should be put to him, and thereafter the learned Special Judge would proceed in accordance with law. 5. The appeal stands disposed of accordingly.