Harries, J. - (1.) THIS is a petition for revision of an order of a learned Presidency Magistrate convicting the petitioner under Section 341, Penal Code and sentencing her to pay a fine of Bs. 180 or in default two months' simple imprisonment.
(2.) THE complainant was a tenant of certain premises and he had sub -let the first floor and a small room on the second floor to the petitioner, It appears that there was a staircase from the ground floor to the - first floor and then on to the root upon which the second floor room stood. The charge against the petitioner was that she bad placed a door across the stair way making it impossible for the tenants of the ground -floor to go on to the roof. Three persona were prosecuted, namely, the petitioner who was a kept woman, the man who kept her and a servant. The petitioner only was convicted and there seems to be practically no evidence that she was the person who caused this door to be placed to block the staircase. Even assuming that it was established that the petitioner caused this door to be placed, I am not satisfied that the evidence proves an offence under Section 341, Penal Code.
(3.) MERELY blocking a way does not necessarily involve an offence under Section 341, Penal Code. Before the petitioner could be convicted the Court would have to be satisfied upon evidence either that this staircase formed no part of the petitioner's tenancy or in the alternative if it did form part of her tenancy, persons living on the ground floor had an easement over this staircase to get on to the roof.;