- 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.
