- Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in
Section 377,
Section 378, sub-section (4) of
Section 384 or Chapter XXX :Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits, -
(a)an appeal against acquittal under
Section 378, arising out of the same case, or
(b)an appeal for the enhancement of sentence under
Section 377, arising out of the same case.