The Code of Criminal Procedure, 1973 (CrPc)
393. Finality of judgments and orders on appeal.
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.