Richard Bangoura was in 2023 sentenced to 11 years and six months behind bars in Victoria for allegedly attacking the woman in the early hours of November 2, 2018.
It was alleged he came up behind the elderly woman as she opened her front door, putting a 30cm knife to her ribs and neck as he forced her inside.
Mr Bangoura then allegedly made her undress and show him where the bedroom was before removing his mask and raping her twice.
It was alleged the attack lasted about 30 minutes, but he returned to the woman's home four times to ensure she did not report the assault to police.
A County Court jury in August 2022 found Mr Bangoura guilty of rape, threatening to inflict serious injury, stalking and aggravated burglary with the intention of committing assault.
He was sentenced to 11 years and six months behind bars with a non-parole period of eight years.
The appeal judges said the alleged victim's evidence lacked credibility. (James Ross/AAP PHOTOS)
Mr Bangoura challenged his convictions in the Victorian Court of Appeal, claiming the jury verdicts were unsafe and unsatisfactory.
He was successful, with Court of Appeal President Karin Emerton and Justices Phillip Priest and Stephen McLeish on Thursday acquitting him on all charges.
In his separate written reasons, Justice Priest said the woman's evidence lacked credibility.
"It contains such discrepancies, displays inadequacies, is tainted and otherwise lacks probative force," he stated.
"In my opinion, there is a real risk in this case that an innocent man has been convicted."
He pointed to her claims Mr Bangoura returned to her home four times and threatened to harm her if she reported the matter to the police.
Justice Priest stated those visits were more in line with Mr Bangoura's version - that the victim owed him money and he was seeking repayment.
"Unlike, perhaps, in television crime dramas and popular fiction, rapists generally do not return to the scene of the crime, ring the doorbell of their victims and wait politely for an answer," the judge said.
Justice Priest also noted Mr Bangoura was allegedly not wearing any disguise in the interactions, nor during the alleged rape.
The woman also claimed Mr Bangoura gave her his name after the attack and shared a cigarette with her.
"I regard this evidence as highly unlikely to be true," Justice Priest stated.
Justices Emerton and McLeish agreed with Justice Priest's findings, stating the jury must have had reasonable doubt over the woman's evidence.
"It was not reasonably open to the jury to convict (Mr Bangoura)," the judgment said.
The convictions and orders of the sentencing judge were set aside, with acquittals entered on each charge.
No retrial was ordered, so Mr Bangoura will be free to walk from prison.
He cried and thanked his lawyer over the prison video link after the decision was handed down.
29°C