Code of Criminal Procedure Act, 1973

393.Finality of judgments and orders on appeal.-

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, and sub-section (4) of section 384 or Chapter XXX:

Providedthat 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.