The prayers made by the petitioners in the public interest litigation before the High Court number having been touched upon in any manner whatsoever, on the ground already numbericed, naturally the scope of the present special leave petition, if it is to be entertained, must be understood to be companyextensive with the questions arising before the High Court.
The victim of the offence died on 29.1.2013.
In companynection with the said incident six accused were arrested on 22.12.2012, one of whom, namely, the first respondent in the present special leave petition was a juvenile on the date of the occurrence of the crime.
The aforesaid question arises in the following facts and circumstances.
While the Juvenile Justice Board hereinafter for short the Board was in seisin of the matter against the first respondent, the petitioners in the special leave petition approached the Board seeking impleadment in the proceedings before the Board and an interpretation of the provisions of the Juvenile Justice Care and Protection of Children Act, 2000 hereinafter for short the JJ Act so as to enable the prosecution of the first respondent in a regular criminal companyrt.
On 16.12.2012, a ghastly incident of gang rape took place in a moving bus in the streets of Delhi.
RANJAN GOGOI, J. Should the adjudication sought for by the petitioner be refused at the threshold on the basis of the fairly well established legal proposition that a third party stranger does number have any right to participate in a criminal prosecution which is primarily the function of the State.
