UMESH CHANDRA vs STATE OF RAJASTHAN

The Supreme Court held that under the Rajasthan Children Act, 1970, the relevant date for determining the age of a delinquent child is the date of the occurrence, not the date of trial, as per Sections 3 and 26 of the Act. The Court found that the appellant was a child at the time of the offence, thus entitled to be tried under the Children Act. The previous judgments of the Sessions Judge and High Court were set aside, directing the case to be tried in accordance with the provisions of the Act.