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Showing contexts for: L.K..ADVANI in Dharambir Khattar vs Central Bureau Of Investigation on 5 May, 2009Matching Fragments
(3) The transcript of the alleged telephonic conversations between Subhash Sharma and the Dharambir Khattar indicate that there was no Crl.Rev.P.Nos.340/08, 371/08, 380/08, 456/08 agreement to accept any bribe or cause any pecuniary advantage either to the Subhash Sharma or anyone else. Under Section 10 Evidence Act anything said done or written by one conspirator against the other would become admissible only if there were reasonable grounds to believe that two or more persons have conspired together. The reasonable ground can be established or inferred from any evidence/circumstance other than the disputed one. Since no such evidence or circumstance exists, the telephonic conversation between the accused persons cannot be read against the petitioner and therefore the charge of criminal conspiracy under Section 120B IPC should fail. Reliance is placed upon the judgment in L.K. Advani v. CBI 1997 CRLJ 2559 and State of Tamil Nadu v. Nalini 1999 CRLJ 3124.